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Study On Anti-Money-Laundering Of Our Country

Posted on:2005-09-01Degree:MasterType:Thesis
Country:ChinaCandidate:L X LiFull Text:PDF
GTID:2156360125965065Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Money laundering , as to a lot of ordinary people of China , is still the very unfamiliar word. However, it is fact not debating for a long time that there is large-scale money laundering. Money laundering is stipulated late to commit a crime by international and foreign criminal legislation. Money laundering was stipulated as criminal act in 《The money Laundering Control Act of 1986》maken by U. S. in 1986. 《United Nations Convention Against Illicit Traffic In Narcotic Drugs And Psychotropic Substances》promulgated in 1988 is the first international criminal rules on money laundering. Our country, one of signatory to this treaty, undertook to rule and punish money laundering in national substantive law. It should be affirmed that money laundering is ruled a crime in our country. Our country is at the beginning of legislation on money laundering, so, lacks of judicial practice. Theoretical study is not becoming mature, so it is at the beginning of how to prohibite and solute money laundering crime, too.While consulting different types of literature datum on international and national money laundering, the author realized the essentiality and urgency of writing this thesis. This kind of feeling of urgency originated from the deep anxiety that money laundering becomes seriouser and seriouser while anti-money-laundering force is still weak. At present, the national works about this subject are not much. They lay particular emphasis on introduction of legal system, not on the current situation of money laundering crime and construction of anti-money-laundering legal system. I feel that approaching these problems is our inescapable responsibility.In this thesis, the author makes a comprehensive and comparative study of money laundering and comparative study of money laundering and approaches the problem in different perspctive. First, a comprehensive study is made about money laundering, which includes a thorough research on its definition, feature and national development tendency. There follows an analysis and comparison of constitutive elements of money laundering crime between international and national criminal rules, and put forward the defects of national criminal rules. Last, sustentative suggestions are made that it makes legislation and judicature system more perfect. Except for introduction and concluding remarks, it is divided into four parts.The first part explains the concept, characteristic and national development trend of money laundering crime mainly. On the basis of comparing with different similarities and differences of crime concept of country's money laundering, analyses the main characteristic and national money laundering crime means and development trend of money laundering crime, and reveal the necessity of attacking money laundering crime sternly.The second part, comparing composition of money laundering crime. A,the crime targets of money laundering is divided into three in criminal law of every country and every area: The incomes of all crimes, income only limited to the crime of the drugs, of the specific crime. Stipulate the crime target of money laundering for the income of the specific crime in the criminal law of our country. At international foreign legislative trends and our present situation of money laundering crime, The range is obvious and simply narrow, the author propose expanding the crime range of the upper reaches in money laundering crime. B,in international study on anti-money-laundering, the process is divided into: placement, layering, intergration. Some countries make three stages crimization. In our country's criminal law only includes the first two stages. I propose increasing the crime charge of money laundering. C,Scholar dispute the direct objects of money laundering crime both at home and abroad. The author maintains that the direct object has uniqueness and determinacy, and maintain that it should be hinder the normal activity of the judicial department. D,Subjective important document of money laundering are" on purpose". Different countri...
Keywords/Search Tags:money laundering, composition of crime, legislative defect, Perfect
PDF Full Text Request
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