The Research On The Crimes Of Money Laundering

In recent years, with the increasing of the drug-related crimes and the crimes committed by smugglers, the crime of money laundering also show a tendency of expansion. Correspondingly, the prompt progress of the international criminal regulations of the crime of money laundering has become attractive within the international society, and it has also played an important role to push the development of the legislation, justice and theories of criminal law. As a result of the serious affect of the crime of money laundering on our society, the legislation of anti-money laundering has already on its way. Regulations of the Crime of Money Laundering have been added into Criminal Law of People's Republic of China, and some discussion has also been carried. However, due to the restriction of different conditions, it is still in need to do some studies on questions and issues relating to the crime of money laundering in a broader and deeper point of view. Without this, it will bring many difficulties and problems in punishing and frustrating the crime of money laundering in practice, and making progress in theories. And one of the consequences is that defendants are seldom convicted as the crime of money laundering. Therefore, this paper will try to make a comprehensive study on c the crime of money laundering from the angle of view of normal criminal law, aiming at the need of international cooperation to tackle with such crimes and give some suggestions to the legislation of such crimes. There are three parts in this paper including 13 sectors. In Part I it is introduced some basic information about such crimes including the causes, characteristics, present status and their recent development. Since China is not one of first countries that made such legislation, it is necessary for us to understand the history of the progress of such legislation macroscopically in the world. So the legislation of the crime of money laundering in some typical countries has been demonstrated to help us to make a comparative study. Through this work it will be easier for us to find out the deficiencies and limitations of the legislation of the crime of money laundering in our country, and especially our actual legislation of the crime of money laundering cannot meet our need of tackling with such crimes effectively. On the other hand, to stipulate the crime of money laundering with a single provision in China's Criminal Law cannot carry out the function of tackling with such crimes thoroughly. The best way to be suggested in this paper is to draw Anti-Money Laundering Law separately, and harmonized it with the regulation of amended Criminal Law of People's Republic of China. Problems related to crimes of laundering money will be expatiated from the angle of normal criminal law in Part II. Based on the analysis of the behalf infringed by such crimes and the components of the regulation of such crimes in China's criminal law, criminal regulations of such crimes have been demonstrated both the accused to be sentenced and such crimes classified to stipulate the advisable system of such crimes. According to the imminent coming of Anti-Money laundering Law, it is considered as an innovative structure which is constructed surrounding the action of committing such crimes. In this frame, it is clear to classify different action of committing the crime of money laundering, and correspondingly, it will be reasonable to explain that crimes of embezzlement and bribes shall be sorted out of the original crimes in some forms, and crime of misappropriating public funds and possession of substantive property from unexplainable source shall be treated distinguished. Besides, in order to protect the behalf infringed by the crime of money laundering more powerfully, two new accused of crime of pampering money laundering and the crime of breach-of-duty-in-financial-regulationhave been founded here with relative statements of them. Hopefully these ideas can be helpful to resolve problems and embarrassments in the application of theories into practice from the level of legislation. Furthermore, aspects of forms related to crimes of laundering money have been explored as well in Part II. Considering main difficulties in justice practice to ascertain the crime of money laundering, crime of pampering laundering money and other relative forms of crimes will not occupy much paper to be explained unless in the circumstance of confusion. In a way more concrete, as to the form of co-committing a crime, a comprehensive expatiation of complicated accomplice , original accomplice, heritage accomplice of the crime of money laundering can be found in this paper. As to the form of ceasing committing termination, according to the standards to determine the commencement of committing and accomplishment, the commencement of committing and the accomplishment of the crime of money laundering and pampering laundering money can be can be determined. Consequently, there have been made some discussions on the punishment of the preparation to laundering money, constitution of ceasing committing, and the influence of improper cognition on determining the accomplishment. As to the numbers of the crimes,how to determine the crime numbers of the crime of money laundering will be stated together with a statement of how to distinguish crimes of laundering money and other relative crimes. Moreover, considering the particular form of such crimes, an extra sector comes into forth to indicate the forms of such crimes in order to investigate potential possibility of co-committing a crime and ceasing committing, crimes numbers and the terminations of the ceasing committing, and co-committing a crime and terminations of ceasing committing. At the end of this part, it comes to the review of criminal liability, which focuses on the annotation of the setup and application of penalty. Such a review covers varieties, grades and conditions of aggravation of penalty to thecrime of money laundering, especially the influence of amount on the determination of liability. As a suggestion for our legislation, it is necessary to add provisions stipulating conditions of alleviation as a whole. When it comes to the last part, main attention is paid to the constitution of regulatory frame. Considering making effective regulation of the crime of money laundering as a systemic project, such a regulatory frame shall be made up of temporal mode and special mode. How this regulatory frame runs has been explained at the same time. On the other hand, due to the importance and particularity of international cooperation and the legislation of anti-money laundering in such regulatory frame, there has been a detailed statement of principals and routes that shall be observed in international and inter zone cooperation. Generally, through the studies and discussions on the present status of anti-money laundering in our country, a regulatory frame of anti-money laundering has been formed based on thoughts of prevention of crimes and tackling crimes of laundering money with diverse means, and moreover, contents that should been involved in anti-money laundering law have been illuminated together with the harmonization of Anti-Money Laundering law and Criminal Law.