A Study On The Legislative Countermeasures Of The Difficulty Of Entering The Crime Of Money Laundering In China

Nowadays,with the rapid development of the global economy,criminal activities such as organized crime,terrorist crimes,and drug crimes are increasing day by day.Money laundering crimes are constantly undergoing metabolism in order to adapt to the development of the times,which seriously endangers the political and economic development of various countries.After China became a member of the FATF,anti-money laundering legislation and anti-money laundering have made some progress.However,the crime rate of our country’s money laundering crime is far lower than the number of its upstream crimes.Such a crime rate,in terms of form and substance,cannot meet China’s need to combat money laundering crimes,nor can it meet the requirements of the international community on China.Taking the problem of low crime rate of money laundering in China as an opportunity,it is urgent to improve the criminal legislation of money laundering in China.Judging from the relevant laws of China’s money laundering crimes,the relevant provisions of international conventions,and international advanced experience on money laundering crimes.The low conviction rate of money laundering crimes in China’s judicial practice is mainly due to the following issues: the narrow scope of upstream crimes;self-money laundering is not guilty of crimes;These three issues affect the crime rate of money laundering to varying degrees,resulting in a low crime rate in China.The types of predicate crimes of money laundering in China are limited to certain special crimes.The issue of the expansion of the scope of money laundering has caused fierce discussions in the field of criminal law.Limited expansion of the scope of upstream crime is a path of expansion of upstream crime suitable for China’s national conditions.China’s money laundering crimes can generally only be committed by natural persons and units at a third party,and this crime cannot constitute a money laundering crime.This is mainly because the traditional concept of our country believes that self-money laundering is of course an “impeachable act afterwards” and cannot be evaluated as a crime of money laundering.This concept ignores the difference betweenself-money laundering and the legal benefits infringed by upstream crimes.In fact,self-money laundering is not an “impeachable act afterwards”.There is a competition relationship between the crime of money laundering in China and the crime of concealing,concealing the proceeds of crime,and the proceeds of crime.The previous research has mainly discussed theoretically whether the two are imaginary or legal.The distinction between the two crimes in judicial practice and the increase in the crime rate of money laundering have not improved much.After the Supreme People’s Court issued a judicial interpretation of the crime of money laundering,the principle of punishment for competition between the two crimes has been clarified.However,the crime rate of money laundering is still much lower than the crime of concealing and concealing the proceeds of crime and proceeds of crime.This is mainly because of the provisions in the crime of money laundering “for concealing and concealing its source and nature”.This provision makes judicial officers in the judicial practice focus on the distinction between the two crimes in terms of behavior rather than upstream crimes.As a result,many of the upstream crimes are money laundering crimes stipulated as money laundering crimes.To solve the above problems related to the money laundering crimes in China and improve the criminal legislation of money laundering crimes in our country can we increase the crime rate of money laundering crimes in China and effectively combat the money laundering crimes and their upstream crimes.