Research On Issues Related To Crime Of Laundering

Crime of laundering has developed and gotten stronger with the increasingtensifying of international organizational criminal actions. As enabling a crime doer toarrange his income from crime safely and freely, action of laundering has become a lifesupporter for transnational crimes and organizational crime actions. At presenet, crimeof laundering has been highlighted by the state, and some measures has been enated.However,fortheshorthistorysinceitwasrealizedbyourcountryandtheimperfectandincomplect laws and regulation, the research on crime of laundering is still to bestrengthened.Thereof,theauthorcomposesthisthesisstudingcrimeoflaundering. Thisthesisconsistsoffourparts. The first part explains summarize of crime of lanudering. First of all it brieflyintroduces crime of laundering from historical view. History of action of laundering canbe traced back to the 1920's though, it was indentified to be a individual crime from1960's. France can be considered to be the earliest country to criminalize the action oflaundering, however, it became a express charge from the Control Law of Launderingenacted by USA in 1986. The first international treaty about action of laundering wasUNTreatyonBanningofIllegalDealershipofAnestheticsandPsychotropicadoptedin1988. The basic treaty obligation of our country specified expressly the crime oflaundering in the Article 191 of Criminal Law newly revised in 1988. Secondly, thisthesis compairs the different descriptions of crime of laundering by various countries,regions, international organizations and the Crimnal Law of our country, and gives adefinition for crime of laundering—refering to a kind of action which glosss over orconceals the feature, source, ownership and controlling relations of the criminal income,oracquires,possesssorusestheincomewithclearawarenessofthecriminalincome. ThesecondpartexplainssomeissuesoftheconstitutionofcrimeoflaunderinginChina. From the viewpoint of crime constitution theory of the criminal law science inChina, it analyzes the essentials for crime of laundering in China. The first one will bethe issue of the scope of the subject . The crime is of general subject which can beconstituted by either a natural person or a unit. Moreover, the author thinks that theupstreamcrimeactorofcrimeoflaunderingcanalsoconstitutesthecrimeoflaundering.The second one is to research on the content of the subjective essential. The constitution 51of this crime will have to be delibration and can only possibly be constituted by directdelibration. As for "knowing perfectly well" specified in the criminal law, its contentshould require the doer to realize the criminal income laundered by him is of onebelonging to the four kinds of income specified by Criminal Law. As for "Knowingperfectly well," the extent should include the meaning of "knowing" and "ought toknow." The third one is to discuss the objective essentials. The author thinks that theobject invaded by crime of laundering is a complicated one, i.e. the order of nationalfinancial management and the normal activity of the judicial institutions (judicial order).The fourth one is to analysis the content of the objective essential. If the doer is to beconsideredascommittedthiscrime,thenhemusthavecarriedoutsomecertainactions. Part three describes the issues of the identification of crime of laundering by ourcountry, including three issues; the first one is about the identification of the range oflaundering crime upstream crime. With regard to drug crime and smuggling crime, asbeing of category charge, their ranges are easily identified, and of course, thosesmuggling crimes and drug crimes which is related to illegal income are referred to.However, the criminal syndicate crime and the terrorist crime are not of categorycharges. According to the legislative interpretation of the Standing Committee of theNational People's Congress and the judicial interpreta...