金融法制建设中的刑法突破——以网络洗钱为视角

随着我国金融市场建设和网上金融服务的不断发展,网络洗钱犯罪随之而来,并呈现出不断扩大的趋势。刑法在面对这种新型犯罪时表现出滞后性,未能及时、科学、有效地打击金融犯罪。以网络洗钱为视角,以金融法制建设的刑法功能理论为依据,研究打击网络洗钱犯罪的刑法规制和突破点,即完善其刑事立法及刑事司法制度并建立预防犯罪机制,提高刑法及时性与震慑力来预防与惩治网络洗钱犯罪。

Breakthrough on Criminal Law in Financial Legal System Construction-From the Perspective of Network Money Laundering

With the constant development of China＇s financial market construction as well as online financial services, there emerge more and more crimes of network money laundering. In face of this new type of financial crime, our country＇s criminal law can not deal with it promptly, scientifically and effectively. From the perspective of network money laundering, this paper uses the theory eoneeming the function of criminal law in financial legal system construction as the basis to study the criminal regulation as well as breakthrough to fight network money laundering, including optimifing relevant criminal legislation system as well as criminal justice system and establishing crime prevention mechanism, and also enhancing the promptness and deterrent power of criminal law to prevent and punish network money laundering.