Studies On The Crime Of Laundering Money

With the increase of crimes from avarice, follow-up crimes of laundering money also show a tendency of expansion. At the same time when they cause severe damages on our country's financial management order and financial safety, they will also trigger various social problems. The crime of laundering money was newly added into the penal code of 1997. Recently, although the law circle has carried on a series of arguments and discussions on various problems with regard to the crimes of laundering money, the author still thinks that there is need to make further and thorough analysis on the following issues concerning the crimes of laundering money: constitution of the crime, unfinished formation of the crime, its judicial identification, its penalty application and control and prevention of the crime and so on. Through studies on the crimes of laundering money, the present paper expatiates history and development of the crime of laundering money. Meanwhile, current legislation conditions of the crime at home and abroad are analyzed. Then the paper exposes objective and subjective contributing factors of the crime of laundering money, its damages and its characteristics of formation. Besides, the punishability of the crime's unfinished formation is also covered in the paper. Based on the preparatory analysis, the author raises some advices on the improvement of the legislation about the crime of laundering money. What's more, the author gives further analysis on judicial identification of the crime and its control and prevention.The present paper is divided into four parts: Introduction, Ontology, Morphology and Cybernetics.In Introduction of the crimes of money laundering, the author starts with the crime's historical evolution and its criminality. Then its current conditions, characteristics, methods and development tendency are also illustrated in thepaper. Besides, subjective and objective contributing factors of laundering behaviors, conception of money laundering and its severe damages on the financial order and the whole society are exposed. The author thinks that enticement of money, pursuit of benefits, evasion of legal punishment and legalization of illegal gains form a subjective internal impetus of those criminals. In the analysis of objective contributing factors of money laundering, the author believes that the existence of crimes which can produce economic benefits is the basic reason for the crimes of laundering money. Then its direct reason is that illegal gains cannot be legally consumed and circulated. Also, unconsummation of anti-laundering law systems and measures accounts for the important reason for money laundering. With regard to crimes concerning sources of property and manners of money laundering, different countries and international organizations have distinct prescriptions. As a result, there are different descriptions of the concept of money laundering. However, the notion for the crime of money laundering connotes the following contents: Firstly, what kind of behavior, which launders illegal money, will be considered as crime, that is, the upper reaches of the crime of money laundering. Secondly, it's about the range of targets being laundered. Different countries generally prescribe laundering behaviors of property and benefits from property as the criminal targets of the crimes of money laundering. Thirdly, it's about the guilty psychology of the crime. Internationally, laundering behavior through negligence is usually not treated as the crime of money laundering. Fourthly, it's about the range of behaviors which committed crimes. Fifthly, it's about the main body of the crime of money laundering. Money laundering will not only cause great damages on financial order and impede the normal actions of judicial organs, but also will offer fund support for continuous criminal behaviors and organized crimes. Then the phenomenon of corruption will be promoted. A great deal of social wealth will run off into outer countries, which will play a great influence on the stable and continuous developme...