Research On The Focus Of Money Laundering

Nowadays, money laundering has become a highly profitable, complex criminal field. And with the economic globalization, it becomes a nuisance of international society. Crime of laundering's devastating affection lies not only on erosion to the financial economic fields, but also because it is the lubricant and umbrella of its upstream crimes which depend on the "lifeline"---money laundering. As a kind of international crime, money laundering crime tends to be more and more serious so anti-money laundering legislation has become an important task of a nation. Western countries, especially the United States, have carried out the long-term exploration on both theory and practice aspects. China also takes anti-money laundering more and more serious. But currently in our country, the unity of knowledge about money laundering has not been formed. For instance, the constitution of money laundering crime; the concept of money laundering; the scope of upstream crime; even the advantages and disadvantages for economic, etc. Compared to western developed countries'legislation and the international conventions, our acts of anti- money laundering have some flaws.This paper analyzed the concept of money laundering, money laundering's constituents, international anti-money laundering crime legislations and our country crime of laundering legislations, making great exploration to further prevent and crack down the crime of laundering. This paper emphatically discussed some controversial questions of the money laundering's components, presenting the author's views and suggestions. Full text is divided into six chapters:The first chapter discusses the definition and characteristics of the money laundering. The author has made comparative research on several important international treaties and legal documents, in order to uncover the essential characteristic of the money laundering;The second chapter talks about the subject of money laundering, to be more precise, whether the criminals of upstream crime can become the primary criminal subject of the money laundering. Comparing several international treaties and legal documents with domestic law, the subject of money laundering does not except the criminals of upstream crime. And justice and efficiency require that the criminals of upstream crime be a part of money laundering's subject.Chapter 3 is about the focus of mensrea of money laundering. This paper illustrates the standard of mensrea from two directions:the content and the extent of "awareness", referring to both international treaties and domestic judicial explanation. The "awareness" does not require the criminal knows the specific kind of upstream crime. Besides, "deductive awareness" is enough to constitute this crime.Chapter 4 discusses the object of money laundering, analyzing a few views of object and pointing out the incorrect part of each view. After examining the essential character of money laundering and possible harm to the society, comparing to other countries'legal system, the author think the direct and primary harm of money laundering is for the judicial system. It harms the whole economical system as well, not only for financial system.Chapter 5 talks about two focus of money laundering's upstream crime:whether to broaden its scope and how to defy the object of money laundering. The author suggests that remain the existing rules and add a few crimes equivalent to the felony.Chapter 6 is judicial defying of the objective aspect of money laundering. The paper mainly discusses the difference between domestic and international standard of money laundering's acts, hoping to bring new money laundering acts into domestic legal system. Chapter 7 synthesizes the above content and sets forth the necessary of improving the constitutions of money laundering. At the end of this paper, the author gives the design specifications on how to consummate the constitutions of money laundering.