| The crime of laundering is stipulated in the new Criminal Law enacted in 1997. The crime of laundering was brought forward at first as a kind of independent crime. It is set in the crime of breaching finance manage order to protect the object, finance manage order. Now, our country is in the period of changing. So the drug offenses, the crime of gangland organization, horror activity offenses and snuggling are rampant increasingly. Following, the number of the type of "backward crime", the crime of laundering, is increasing evidently. In our country, a lot of criminals launder directly in the simple and primal fashions, such as purchasing industry, investing, launching company. The crime of laundering has characteristics of concealment, cleverest, specialization, and internationalism. Basing the status above, it is urgent and effective to perfect the legislation and judicatory of the crime of laundering for vindicate the national finance manage order. The writer composes this text to attain this purpose.This text is divided into the foreword, text and epilogue, three parts.The foreword introduces the concept, characteristics and serious social harms of the crime of laundering.The text studies the related law, the recent practice and the theory from four aspects comprehensively. First, discuss the related problem about the judicatory cognizance. The formation of crime is the unique basis to a certain and concrete crime. So before introducing some crime, you must resolve its characteristics of formation. In this part writer introduces four aspects, criminal object, objective elements of a crime, subjective elements of a crime and principal cause of the crime of laundering. i The subject of crime composes of natural persons except the behaviors of "original crime", and units mostly bank insurance etc., and the finance medi-organ. ii the criminal object of the crime of laundering is complicated object, namely national finance manage order and the normal judicial activities in judicial organ. Which is the main object, and determines the nature. The current criminal code establishes the crime of laundering in the kind of breaching finance manage order offences. This means that the legislators have the proneness of protecting the national finance manage order. iii Subjective elements of a crime is intent, not lapse . It is important contents to comprehending awareness. The degree of awareness includes knowing and should knowing. To should knowing, the standard of judgments are different, with the different criminal subjects. The contents of awareness is "criminal incomes", but do not request to know which criminal incomes. The writer educes through several kinds of standpoints about whether irregularity belongs to the contents of the awareness or not that to the crime of laundering, its subjective elements excludes knowing the irregularity, at least it is no necessary to limit it specially. Crime purpose is for the sake of covering up, concealing the nature and source of the criminal incomes from those four kinds of crimes. The crime motive is various, and only infects measure. â…³ The objective elements performance that behaviors cover up and conceal the nature and source of criminal incomes from the drug offenses, the crime of gangland organization , horror activity offenses and snuggling, through offering funds account etc.. i The writer resolves "covering up", "concealing", "nature and source" and "original crime". ii The writer introduces laundering behaviors on criminal items, five kinds bellowing: offering the funds account, helping converting property as cash or financial notes, assisting funds transfers. Also the writer introduces material laundering behaviors, ten kinds, through the complicated process, for comprehending "others" better. iii The writer believes that the behavior type only includes act. If the crime of laundering can include nonact, it must have act duty. In regard to the national criminal laws, the criminal law stipulates the crime of laundering, but does not stipul...
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