The current research on money laundering crime in China still fails to respond to the legislative purpose of expanding criminal crackdowns,continuing to follow the analytical stance of"result based"and ignoring the important role of behavior in crime.The research on the current money laundering crime should clarify its subjective elements and behavioral elements.Subjectively,"knowingly"in money laundering crime should be subject to the provisions of caution,and whether it is deleted or not has no influence on the judgment of illegality;The expression"for the purpose of disguising or concealing"is an expression of"purpose",but it does not mean that the offence is a purposeful one.Its criminal form should also include indirect intent.In terms of behavioral elements,the behavior of money laundering crime should be standardized.Criminal law evaluation should be conducted based on factual behavior,that is,the act of money laundering itself should be evaluated as having the nature of disguise and concealment.The subjective elements and behavioral elements in the crime of money laundering complement each other.The former is the evaluation result of the latter,while the latter is the presumed starting point of the former.By emphasizing the role of behavior,the logical path of subjective identification can be shortened and the difficulty of judicial evidence collection and proof can be effectively reduced.
money laundering crimebehavioral elementssubjective elements
NETL
NSTL
万方数据
