Thoughts On The Improvement Of Money Laundering Crime Legislation

With the development of market economy,the rapidly expanding crime of the connotation and extension of money laundering and the unpredictable types of money laundering,which make the modernization and internationalization of criminal legislation to combat money laundering crime more and more urgent in our country.However,the legislation of money laundering crime in our country can not meet this need,so as to restrict the fight against money laundering crime.It is more and more urgent to explore feasible specific rules and perfect the legislation of this crime.This paper is a tentative discussion on this.The details are as follows:Chapter one describes the legislation evolution of money laundering crime.Firstly,This part introduces the evolution of foreign legislation and the current world trend,and the legislative process of China from the 1980 s to the eighth amendment of criminal law;Secondly,Based on the theory of four elements of crime constitution,this paper interprets the crime constitution of money laundering from the subject,object,subjective and objective aspects of crime respectively.The second chapter analyzes the shortcomings of China's current legislation on the crime of money laundering from the perspective of the legislative trend of the current anti-money laundering trend in the world and the obligation requirements of China's accession to relevant international conventions.It points out that there are some problems in China's legislative system,such as complicated use of criminal provisions,deviation in the provision of criminal nature,contradiction in the logical relation of charges,and unreasonable application of charges.There are some problems in the content of legislation,such as the limitation of the provisions of the way of conduct and the excessively strict standards in the subjective aspect.The problem of excessively strict limits on the scope of upstream crime.The third chapter puts forward Suggestions to improve the legislation of the crime of money laundering.Firstly,the legislative system of the crime of money laundering is clarified to make its logical relationship clearer,the application of charges more reasonable,the application of provisions more clear and the classification of crimes more accurate.Secondly,it analyzes the feasibility of expanding the behavior mode of the crime of money laundering and lowering the subjective standard,and puts forward Suggestions on the improvement of the content of the legislation of the crime of money laundering in the future.Finally,it explores the reasonable ways to expand the scope of the upstream crime of money laundering in China from the theoretical support and legislative mode selection.