On Transnational Money-Laundering Crime From The Perspective Of Criminal Policy

The purpose of the thesis is to give an introduction of transnationalmoney-laundering crime from the perspective of criminal policy within thefield of international criminal law. It is thought that to establish criminalpolicy for anti-money-laundering crime is the theoretical premise andpractical guide for the study of this kind of crime. The whole thesis is dividedinto four chapters as follows: Chapter One: Establishment of perspectives for criminal policy. It's thestarting point, analysis structure and the researching model, as well as thepremise to illustrate the basic theory of transnational money-laundering crime.This chapter lays a solid foundation for the following ones. First, iselaborates the necessity of the establishment of perspective for criminalpolicy and that is developed from two facts. One fact is the scientificdefinition for criminal policy and its international features. The other one isthat the criminal law is developing into the common international criminalpolicy .Second, from the relationship between the criminal policy andinternational criminal law, it elucidates the agreement betweenthem-----criminal policy as international criminal law and vice versa. Tomake criminal policy as international criminal law is a trend and process thatcriminal policy becomes reasonable and purposeful. In other words, thecriminal policy punishes and prevents international crimes as the directionalconcepts of international criminal law, pushing forward international criminallaw and criminal judicature system into a standardize and rational change.Meanwhile the criminal policy should evolve into such international rules,systems and principles through international criminal legislation which canmake the policy standardized. To make the international criminal law ascriminal policy is a process that it is changed modified, improved under theinfluence of given conditions. In other words, even after the harmful doingsare declared to be international crimes by the international criminal lawwhich has been the basic model and co-operation structure, the internationalcriminal law is to go on modifying and perfecting the related standards fromthe criminal law point of view, so as to make the international law reasonableand purposeful, thus it can play the complete role of dealing with crimes 46effectively. Finally, the angle that looks criminal policy as a main body andthat people observe, think and practice criminal policy provides the desirableanalysis structures for the study of transnational money-laundering and theyare critical thinking of main body, observational focus, critical thinkingstandard and countermeasure models. Chapter Two: Observation of transnational money-laundering andanti-money-laundering. To understand such present situations rationally is thebasis for the study of transnational money-laundering. This chapter firstlyillustrates three aspects. Transnational money-laundering is a severechallenge to civil governments and international society; transnationalmoney-laundering is able to conceal and hide the correspondent "relativeoriginal crimes" through the change from traditional money-laundering totransnational ones: Transnational money-laundering shows the complexity ofits process and the variety of its methods. Second, to counter the challengementioned above, all governments and international society carry out thelegislation against transnational anti-money-laundering and the practicalactivities. Specific, it includes the adoption of international criminal rules; theco-operation among nations; the draft of the content foranti-money-laundering crime in international conventions and resolutions andnational criminal codes; the enforcement system. At last, combined theprevious points; it concludes the new trends of transnationalmoney-laundering and the change of international criminal...