完善我国洗钱犯罪立法的思考

Reflections on the Legislation against Money Laundering in China

随着我国经济的发展和国内外交流的深入,国内洗钱犯罪日益猖獗。我国现行刑法虽明确规定了洗钱罪,但反洗钱立法却显得相对简单。参考国外立法内容并结合国情,可从刑事立法和金融立法两方面完善我国的洗钱罪立法,具体内容包括:扩大“上游犯型”范围、完善洗钱罪罪名体系、增加“资格刑”处罚单位犯罪以及健全金融机构内部控制机制等。

With the development of China＇s economy and the wider communication with the outside world, money laundering is becoming more and more rampant day by day. The crime of money laundering has been stipulated in Chinese criminal law, but the legislation against this crime is comparatively simple. By learning from relevant legislations in other countries and conforming to China＇s situation, this paper argues that the legislation in China can be improved from the criminal and financial aspects. Specifically, the range of ＂up-stream crime＂ should be expanded; the system of crime name should be developed; criminal punishment to deprive the crime-related units of their business licences should be conducted; and internal control mechanism in financial institutions should be improved.