洗钱罪面临的困境与立法完善

随着洗钱犯罪的猖狂，我国加大了反洗钱的刑事立法。但是，在司法实践中近十年来被判洗钱罪的案例寥寥无几，显然洗钱罪的立法还面临着不适应司法的困境。主要原因是相关人员的反洗钱意识薄弱，理论与司法实务中未将自我洗钱行为犯罪化，在立法上对洗钱罪上游犯罪的规定也不尽合理。应当将洗钱犯罪立法系统化、独立化，同时合理扩大洗钱罪上游犯罪的范围，明确将自我洗钱行为犯罪化，适当加大洗钱罪的刑事责任，并由此促进相关人员反洗钱意识的提高。

The Problem and Solution of Legislation on Money-laundering

As money-laundering is becoming more and more serious, we pay more attention to the antimoney laundering laws. However, there was seldom money-landering crime sentenced in our country in recent years. Obviously the legislation of money-laundering faces the dilemma of inadaptation to judicial practice. It is mainly due to the weak awareness of relevant people, uncriminalization of money-laundering in theory and in practice and unreasonable regulation on upstream crime of money-laundering in legislation. It seems that we should amend our anti-money laundering laws. Attention should be paid to the systemization and individualization of money-laundering, enlarge the scope of upstream crime of money-laundering, criminalize self money-laundering, increase its criminal responsibility and in this way raise the awareness of anti-money laundering.