Research On Judicial Disposal And International Cooperation Mechanism Of Transnational Money Launderin

The real purpose of money-laundering is to “legitimize” all forms of illicit criminal proceeds by concealing and disguising their true origin.Because of the continuous development of the globalization of the world economy,the growing prevalence has become a new feature of transnational money laundering,and the international characteristics of money laundering crimes have become more and more obvious.My country has ratified and acceded to numerous international conventions and has become a member of the Financial Action Task Force(FATF).It is imperative that China continues to improve its legal framework for cross-border money laundering.As far as the criminalisation of money laundering is concerned,the manifestations of the international conventions and legislation of some developed countries are relatively mature.Based on this benchmark and the simultaneous examination of the changes to the criminal law introduced in 2021(11),we will reorganize the international money laundering crimes and show the direction of development of China’s anti-money laundering work.The first part of this article is to harmonise the legislative procedure for international anti-money laundering offences.Starting from the United Nations Anti-Drug Convention,international anti-money laundering legislation has developed into a very spectacular situation,specialized anti-money laundering organizations and regional anti-money laundering conventions have flourished,and the standards on money laundering crimes formulated by FATF have been recognized by the international community and become common standards.It has also ushered in major changes and adjustments,which is closer to the trend of international legislation,and the legislative system for transnational money-laundering crimes is becoming more and more perfect.Part II,Legislative Definition of Transnational Money Laundering Offences.Firstly,by comparing the international and domestic definitions of money laundering,the definition and characteristics of this crime are introduced,and the meaning of money laundering crimes is analyzed.At the same time,the great social damage of transnational money laundering is also analyzed,that is,it indulges specific criminal acts,disturbs the stable financial order,and undermines the harmonious international social order,indicating the necessity of regulating it.Secondly,taking into account US law,the UN conventions and the conventions of the Council of Europe,three rules for international money laundering offences have been established.Finally,against the background of the Criminal Law Amendment(11),the constituent elements of China’s money laundering crime are analyzed,focusing on the protection of legal interests,criminal subjects,objective behaviors and subjective aspects.Part III,the judicial application of money-laundering offences.By comparing the scope of international and domestic predicate crimes,it is found that the expansion of the scope has become an international legislative trend,and the scope of predicate crimes stipulated in China is obviously small.In the context of the current common framework for money laundering offences under Articles 191 and 312 of the Chinese Criminal Code,it is necessary to restructure the link between money laundering offences and traditional offences and predicate offences against stolen property and to determine the number of offences between money laundering and predicate offences,to refer to the German conditional model of joint punishment of several offences and to uphold the principle of common criminal offences To punish several crimes.A quarter is the dilemma and improvement of China’s framework for international cooperation in the fight against international money laundering crimes.The three main dilemmas of China’s international cooperation in the fight against international money laundering crimes are the dilemma of jurisdiction,the lack of extradition,and the lack of a legal mechanism for international cooperation in combating money laundering.Taking into account the causes of the dilemma and taking into account the experience with the principle of long-term avoidance of jurisdiction of the United States,the principle of territorial jurisdiction of the United Nations and the principle of“prosecution or extradition”,as well as the clarification of summary proceedings.These include the coordination of jurisdiction through the flexible application of criminal law and the establishment of a system for the transfer of jurisdiction in criminal proceedings,the improvement of the extradition system through the creation of a summary extradition mechanism and the flexible use of alternative extradition measures,and the improvement of the mechanism for international cooperation in the fight against money laundering.