中国四地洗钱罪规制状况对比研究

外界对中国大陆地区在洗钱罪方面的规制状况存在着一定的非议.研究以近年来大陆地区与港澳台三地对洗钱罪起诉的案件数据为分析进路,从表象上看,大陆地区对该罪的查禁状况的确难以令人满意.然而,通过对四地洗钱罪犯罪圈之比较后发现,这一现象的产生主要是由于大陆地区现行刑事法律规制下的狭义洗钱罪之犯罪圈设置过窄.通过引入广义洗钱类犯罪的概念,拓宽大陆地区洗钱罪之犯罪圈范畴,大陆地区洗钱犯罪数据有显著提升,在所占全部刑事案件的比重绝不较港澳台地区逊色.

A Comparative Study on the Current Situation of Anti-Money Laundering between China Mainland and Hong Kong,Macao and Taiwan

The efforts of anti-money laundering of mainland China have been widely criticized all the time. From the past years＇ statistics of mainland China, Hong Kong, Macao and Taiwan, it seems that the efforts of mainland China are far beyond satisfactory. However, after comparing the crime circles of money laundering in these four areas, it was found that the above unsatisfactory situation was stemmed from the phenomenon in which the crime circle of money laundering of mainland China was too narrow to include enough criminal activities. Therefore, by introducing the concept of comprehensive money laundering crime, the statistics of crime of money laundering in mainland China are significantly increased and the rate in the entire criminal eases has also stayed on the same page with other three areas.