The Study Of Money Laundering

Money laundering is regarded as the "downstream crime " of the international crimes and organizational crimes, and it legalizes the crime revenues and accumulates for the criminals a vast sum of money, thus becoming a lifeline of maintaining the crime organization and its crime activities. And on the other hand, money laundering sets obstacles for the judicial organs and prevents them from investigating crimes and greatly destroys the financial order and other social orders. Therefore, there is no time to delay to tackle with the problem of international money laundering. Whereas, in China at present, there exists some dispute in the study of money laundering and the laws about it still need further improvement. For this purpose, this paper is devoted and in addition to the preface, it has five chapters.Chapter one is the introduction of the crime of money laundering. It discusses in details the origin and definition of money laundering, its features, causes, harms and the significance of study on it. In the part of the crime features, four basic characteristics are listed: 1. Its purpose is to cover up the illegality of its income and benefit and to eliminate the evidence and clue of the crime; 2. The specialty of the object of money laundering; 3. The specialty of the process of money laundering; 4. It is a typical international crime.Chapter two is a general survey of the legislation of anti-money laundering issued by the relevant international organizations and countries. First comes the legislation of the international organizations, such as the UN Drug Banning Pact, European Anti-Money Laundering Pact, The Instruction About Preventing Criminals From Using Financial System To Launder Money issued by EC (European Community) and the anti-money laundering regulations of the American countries. Then are the laws of relevant regions and countries, like U.S.A., Germany, Switzerland, Taiwan and Hong Kong.Chapter three deals with the analysis of China's anti-money laundering lawmaking. After the account of China's difficult experience of lawmaking,this part discusses the makeup of money laundering crime, which includes four aspects: 1. The object of the crime. In this aspect, there are four kinds of different opinions in the academic field and I personally agree with the idea that the object is complicated, including the financial orders and the activities of the legislative organs. 2. The objective analysis and comprehension of the relevant definitions. For example, "illegal income" should refer to all the money and property gained through committing crimes, and "produced benefit " should mean all the interest, bonus stock, return and etc. earned by saving and investing the illegal income and doing business with the illegal money. The above two are not confined to currency capital. The four kinds of specific "upstream crimes" should be the essence crimes and not the form crimes. At the meantime, this part also illustrates a few ways of laundering money. 3. As to the subject of the crime, it is believed in this paper that the upstream criminal should be excluded from the subject of the money laundering. 4. Subjectively, the content of "knowing" should be limited to the four kinds of crimes of the Criminal Law. However, to convict does not mean to identify the specific crime behavior, from which the involving illegal income comes, but to decide the possibility of the origin and nature of illegal income; money laundering is an intentional crime, so the indirect intention does not constitute the crime of money laundering.Chapter four is about the cognizance and punishment of money laundering, discussing the identification of guilty or not guilty, the differentiation and cognizance of the relevant imputations and the punishment of the money laundering. In the problem of guilty or not, laundering money is an action crime and there is no the situation of attempt, so if the sum of the involved laundered money is not very big and the harm it has brought about is not very severe, the conviction can be excused. In the measurement...