中法洗钱罪比较研究

中国刑法与法国刑法在洗钱罪的构成要件、上游犯罪范围以及对洗钱罪的预防与刑事制裁上各有特色。法国关于洗钱罪宽泛的上游犯罪的范围、刑罚个别化以及重视预防的规定都值得中国借鉴。但是,法国刑法对洗钱罪既遂与未遂同罚的规定有违罪责刑相适应原则,中国刑法关于既遂与未遂区别对待的方式则是适当的。中国《反洗钱法》的出台,标志着中国对于洗钱罪的刑事对策开始由重打击向重预防的转变,并正在与国际接轨。

A Comparative Study on Crime of Money Laundering between China and France

With reference to the crimes of money laundering in China and France,there are different characteristics concerning the constitutional elements,the scope of upstream crimes,the prevention measures and the penalty methods respectively.The broad definition of upstream crimes,the specific penalties and the regulations of attaching more importance to prevention of money laundering in France are worthy of further studying in China.However,the act of treating the would-be crime and the actual crime of money laundering as the same in France's criminal law violates the principle that the penalty should be in accordance with the crime.China has taken more suitable measures in treating the would-be and the actual crimes in its criminal law.With the launching of the Law of Anti-money-laundering in China,China is changing its policy of taking more actions on prevention instead of combat of money laundering,which indicates that China is becoming more globalized in money laundering.