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.

In view of this, the upstream crime should be expanded to any crime with illegal income and profits.

In theory, there are many viewpoints of concept of institutional crime, and many great differences exist in whether or not show some elements, such as institutional interest, the decision of person in charge, the form of culpability, the scope of actor, the scope of profession, inspection and administration.

In our country, the criminal law has made explicit stipulation to the institutional crime, while Law of Criminal Procedure lacks the corresponding stipulation of legal procedure.

There exists severe defects in the penalty provision of institutional crime in China s criminal law of the lack of justice, operability and unicity of penalty category and disproportionate sternness imposed on the individuals directly liable for the crime.