Research On The Basic Theory Of The Crime Of Money Laundering

Since 1980s, the international community has paid widely attention to money laundry crimes and the criminal law norms concerning money laundry have also developed rapidly. This law phenomenon has become the focus of attention in the field of criminal law. Because of this, the dissertation is trying to focus its attention on the current situation of our country's anti-money-laundry legislation and the controversial problems and it has carried out a profound theoretical research on our country's money laundry crime based on the background of the whole anti-money-laundry law system, with the aim of international and regional cooperation of anti-money-laundry and from the point of criminal law, criminology and law economics with the hope of contributing a little to our country's judicial practice. The whole text can be devided into two parts: the basic part and the pectfection part, and eight chapters in all.The basic part mainly analyzed the basic theory question of money laudring crime from the angle of theory of criminal law and criminology. Chapter one is the definition of the money laundry crime. This part is mainly concerned with the etymology of money laundry and the definition of money laundry crime. Money laundry crime is a new crime added to the criminal law after being amended in 1997. There is some differences between the money laundry crime of our country and that of the other countries and regions, which includes different definition, different subject, different range of"upper reaches crimes"and different method of money laundry. The author defines the money laundry crime as: The behaviour of trying all means to conceal the origin and property of the illegal earnings and the benefits, although one knows clearly that they are produced by drug trafficking, organizational crimes with gangdom property, smuggling and terroristic activities.Chapter two is the characteristics of money laundry crime constitution. Generally speaking, it is difficult to find money laundry crime, which can only be discovered by analyzing the indirect declaration materials or some other materials. So it is very important to comprehend and master the constitution of money laundry crime, which is the prerequisite for identifying and punishing money laundry crime correctly. The author thinks the object encroached on by money laundry crime is complex object, that is, the common activities of struggling between financial management order of our country, judicial department and the crimes. The money laundry crime prescribed in item 191 of the judicial law of our country is the motive crime, which can only be constituted by direct purpose. The doer of the crime must know clearly that his behaviour is to conceal and disguise the origin and property of the illegal earnings and the benefits of four specific crimes, i.e. drug trafficking, organizational crimes with gangdom property, terroristic activities and smuggling. The paper illustrates the definition, the legal range of"upper reaches crimes"of money laundry crime, and whether the"upper reaches crimes"of money laundry crime should be tried.Chapter three can be divided into two small parts: The author thinks that the criminal behaviour which surpass the range of joint on purpose money laundry of the doer done on purpose or involuntarily in the course of joint offense of money laundry crime should not be regarded as implicated offender. The principal criminal, who plays the main part in the course of over-limitation crime, should be punished as the single criminal. The accessory criminal, who plays secondary or auxiliary part in the crime, should be punished less severely or not punished. The assistant accessory criminal, who is threatened to commit the crime, should be punished less severely or not punished according to condition. It focuses on the problems, such as whether there is attempted crime of money laundry crime, which is a theoretical and legal controversy. If there is one, what is its standard, how to identify the preparatory form of money laundry crime and how to recognize the commencement of money laundry crime, ect.Chapter four and five mainly analyzed the anti-money laundring crime question. Amone these, chapter four is focused on the Chinese question, while chapter five is focused on the transsectional and international prevention of money laundering crime.The perfection part can be expressed, in author's view, into the legal perfection, the criminal justice perfection, and the prevention perfection three parts in all.Chapter six is on the legal improvement of money laundry crime. In the judicial practice some money laundry activities, which should be given criminal sanction can not be prosecuted according to the principles of criminal law. It forces us to analyze and turn over to think the criminal constitution of nowadays money laundry crime again. The author puts forward some suggestions for legal improvement of our country: enlarge the range of"upper reaches crimes"of money laundry crime; adjust the position of money laundry crime in the subdivisional system of criminal law; enlarge the range of criminal subject of money laundry crime; reduce the subjective testimony responsibility; perfect the objective regulations; improve the regulation of confiscation in the money laundry crime and impose fine punishment; carry out turnover responsibility of testimony; strengthen the definition of money laundry crime; widen the range of"upper reaches crimes"of money laundry crime.Chapter seven is on the method of justice perfection. After analyzing the judgment foundation of the crime number form, it elaborates the concrete identification of the crime number form of money laundry crime. The author thinks that the doer who carries out money laundry crime for many times fits the features of continuous criminal completely and should be recognized as the continuous criminal; the doer of"upper reaches crimes"who carries out money laundry crime also has implicated relations. The author points out that it is necessary to regulate the existence of the"upper reaches crimes"and money laundry crime and should give combined punishment for several offenses according to the harmfulness of money laundry crime.Chapter eight is on the prevention of money laundry crime. The author thinks that recent money laundry activities of our country are quite serious. It has two reasons, which include the internal cause and the external cause: the internal cause of money laundry crime is to get criminal benefit; the external cause of money laundry crime is due to lacking of financial supervision, the lagging of investment examination, existing systematic loopholes in the process of social transformation, incompetent of checking and punishing. In the meantime, there is a growing tendency of the money laundry crimes, which shows that the area and profession of money laundry activities have enlarged; the transboardering of money laundry activities has become more prominent; the methods of money laundry crime have become more and more complex and hidden; underground money bank will be used frequently by money laundrier. The financial institution has played an important part in the prevention of money laundry. It illustrates the problems exist in financial supervision of our country and the significance of strengthening financial supervision. Finally, it puts forward the indispensable contents of Anti-Money-laundry Law of our country: gives explicit legal aim and foundation of the law; defines clearly the responsibility of corresponding department; establishes the corresponding financial system.