Research On Money Laundering Crime

In order to maintain the security and stability of social and economic order,it is urgent to clarify the problems existing in the theory and practice of money laundering crime,and put forward corresponding solutions from the legislative and judicial aspects.By sorting out and analyzing the research status of money laundering crime at home and abroad in recent years,this paper points out the viewpoints of different scholars on the focus issues of money laundering crime,such as the nature of self-money laundering behavior,governance and improvement measures.Proceeding from the origin and basic theory of the crime of money laundering by means of literature analysis,this paper clarifies the controversial issues in the constitutive elements of the crime of money laundering,and demonstrates on personal point of view.At the same time,by comparing with related charges,such as the crime of covering up and concealing the proceeds of crime and the crime of concealing,transferring and concealing drugs,the positioning of the crime of money laundering in the criminal law system is further clarified.It is pointed out that the three charges are not connected in practice because of the difference in the constitution and penalty of the crime,and puts forward some corresponding suggestions to improve this problem.On the basis of sorting out and analyzing the current legislative norms and judgment cases,it is found that there are still some problems in the legislation of money laundering crime in China,such as narrow scope of upstream crimes and imperfect behavior mode.In judicial practice,there are still some problems,such as unclear conviction,unreasonable punishment and ineffective cooperation among various departments,which are the important reasons for the difficulty in the crime of money laundering in China.In view of these problems,we compare and draw lessons from the experience of countries with different legal systems in dealing with relevant problems,such as the United States paying attention to the public-private sector cooperation in anti-money laundering,Switzerland’s provisions on the crime of not performing duty of care,etc.At the legislative level of money laundering crime in China,measures should be taken to appropriately expand the scope of upstream crimes and improve the behavior mode,and at the judicial level,measures should be taken to strengthen publicity and training,so as to improve the enthusiasm of judicial organs to crack down on money laundering crime,so as to make a modest contribution to the development process of money laundering crime in China.