Criminal Legislation Dilemma And Perfect Countermeasures Of Internet Money Laundering Crime

The development of network technology and the popularity of smart devices have greatly changed people’s lives.With the impetus of network technology,traditional industries and the Internet continue to integrate and new industries emerge,providing people with a combination of online and offline service models and creating new ways of production,consumption and payment.Behind the booming development of the Internet has also been a great impact on China’s existing criminal law governance system.The internet has become a new venue for all kinds of criminal activities.The number of crimes committed in the online sphere is currently growing globally year on year,with new forms of traditional crime emerging and criminal methods becoming closely integrated with the internet.The crime of money laundering needs to be committed quickly and covertly,and the internet is just the way to increase its efficiency,making it the traditional crime most affected by the internet.Criminals use the internet to enable the rapid movement of illicit proceeds around the globe and to evade regulation and detection and escape criminal punishment by eliminating criminal pathways through network technology.With the increasing prevalence of online money laundering activities in recent years,countries have begun to pay attention to and focus on combating online money laundering crimes.As a part of the global market,China is also plagued by cyber money laundering crimes.Internet money laundering crimes have caused serious harm to China’s online financial market and social order.Therefore,in recent years,China has promulgated a series of laws and regulations on regulating network service providers and curbing cyber money laundering crimes,but in terms of criminal legislation,not enough attention has been paid to cyber money laundering crimes,and there is a certain lag in the provisions of criminal legislation,which cannot be applied to the real situation of cyber money laundering crimes,hindering the process of combating money laundering crimes in China.To analyse and study cyber money laundering crimes,we should first clarify the concepts related to cyber money laundering crimes.Internet money laundering crime is a crime committed in the Internet domain by means of the Internet in order to disguise or conceal the nature and source of illegal proceeds and their proceeds,relying on the real existence.Criminals often use internet payment systems,digital currencies,online transactions and online gambling to carry out money laundering activities,highlighting the new characteristics of cyber money laundering crimes as hidden,instantaneous,professional,trans-regional and low-cost,which pose a greater threat and damage to the financial order and social stability.China believes that cyber money laundering crime is a new form of the traditional money laundering crime in the cyber era and can still be regulated by the provisions of the money laundering crime,but the existing criminal legislative provisions do not modify the money laundering crime according to the ways and characteristics of cyber money laundering crime,and there are problems of vague objects,narrow scope of predicate offences,single subject and high subjective requirements in punishing cyber money laundering crime,which cannot achieve the curbing of cyber money laundering crime effect.Compared with China,countries such as the United States,Switzerland and Japan have set more comprehensive provisions on these issues,which can provide reference for China.The criminal law should be continuously improved to form a perfect and coordinated legal system to effectively deal with cyber money laundering crimes.According to the legislative theory of risk-based criminal law,under the advocacy of the principle of positive preventive legislation,China can make certain modifications and improvements to the provisions of the money laundering crime according to the current situation and shortcomings of the network money laundering crime,which should determine the object of the network money laundering crime,expand the upper criminal circle of the network money laundering crime,add the ways of behavior of the network money laundering crime,increase the subjects of punishment of the network money laundering crime,and clarify the subjective In order to achieve the purpose of the criminal legislation to prevent and combat cyber money laundering crimes.