洗钱罪构成要件与立法完善

我国现行《刑法》及《修正案》关于洗钱罪犯罪构成的设计还存在较多缺陷,与我国签署的相关国际公约还不协调,尤其未能把贪污贿赂犯罪纳入洗钱罪的上游犯罪,不利于惩治腐败犯罪,也不利于反洗钱的国际合作。因而,应尽快制定《反洗钱法》,惩治洗钱罪的上游犯罪,完善相关的刑事措施与制度,加强反洗钱国际合作。

Requirements of Money Laundering and Improvement of Relevant Laws

It is not difficult for us to find some defects in the provisions concerning money laundering in China's existing criminal laws and relevant amendments,which indicates that there is still inconsistency between China's laws and the international conventions signed by us.As of we have not yet provided embezzlement and bribery as the supper-ordinate crimes of money laundering,which is neither conductive to cracking down on corruption nor on international cooperation against money laundering.Therefore,this author maintains that a law against money laundering should be made as soon as possible,the scope of supper-ordinate crimes of money laundering should be extended,the relevant criminal measures and institutions should be improved and the international cooperation of money laundering should be strengthened.