Research On Forfeiture Of Money Laundering

Money laundering often launders large amounts of black money through legitimate channels,infringes on the order of financial management,and seriously undermines the rules of fair competition,harms free competition among market economy subjects,and brings serious negative effects on normal and stable economic order.Among them,recovering the proceeds of crime is an indispensable part of effectively curbing money laundering crimes and preventing criminals from enjoying the proceeds of crimes because of money laundering crimes.According to Article 64 and Article 191 of the Criminal Law of the People’s Republic of China,the objects of confiscation of money laundering crimes in the Mainland include the illegal income of criminals,contraband and personal property used for crime.Money laundering crimes in the Mainland do not include self-money laundering.The subject of money laundering belongs to the illegal income of upstream criminals.When the illegal income of upstream criminals enters the stage of money laundering,it does not belong to the illegal income of money laundering criminals and is not a contraband.The identification of"personal property used for crimes",despite different views in judicial practice,could not cover the subject of money laundering.The above problems also exist under the broad money laundering crime system.In view of the above problems,this article focuses on analyzing the provisions of Article 18,Item 1 of the "Money Laundering Control Law" in Taiwan district.In view of the confiscation loopholes of money laundering crimes in the Mainland,the legislation compares the similarities and differences of confiscation laws on cross-strait money laundering crimes,and makes suggestions on the confiscation system of money laundering crimes in Taiwan district.The article content is divided into four parts:The first part outlines the system of money laundering crimes in the Mainland.The article will adopt the concept of money laundering crimes in a broad sense,and analyze the current legal dilemma of money laundering crimes in this context.The second part focuses on analyzing the content of Article 18 of the "Money Laundering Control Law" in Taiwan district,including its formulation background and reasons for amending the law.The reason for the formulation of this clause in the case where the"Criminal Law" of Taiwan has been forfeited,Focus on the analysis and confiscation of Article 18,Item 1.The third part compares the confiscation of money laundering crimes across the Taiwan Straits.It compares the subject of money laundering crimes,the object of confiscation of money laundering crimes,and the application of the law.At the same time,it evaluates the legislation of confiscation of money laundering crimes in the Mainland and points out its deficiencies.The fourth part is based on the current situation of the legislation of money laundering crimes in the Mainland,and puts forward some thoughts and suggestions on incorporating the subject of money laundering into the scope of confiscation objects and giving priority to the provisions of upstream crimes when upstream crimes and money laundering crimes compete.