Legal Problems Analysis Of The Crime Of Money Laundering

Money laundering is to legalize the proceeds of crime.'Money laundering is a behavior of legalization of the illegally income through putting it in financial institutions, investment, or the means of public circulation for covering up, or concealing the source and nature, which the people knowing it was the gain or profit of drug crime, mafia organized crime, corruption and bribery, terrorism, crime, smuggling, crime of destruction of the financial management order and financial fraud.'Known by its concept, money laundering is a derivative crime, which closely related to the'predicate offenses'. Such as the involving in the subject of them, they have inheritance relationships in a degree in Justice because of the successor in fact. This determines that money laundering has great harm themselves (for example, destruction of the state management system, hindering the normal activities of the judiciary, disrupting the economic and social order) and it will also encourage the'predicate offenses'. Therefore, countries have enacted relevant laws and regulations to combat money laundering, so do China. But means of money laundering updates more with the development of economics, society, science and technology. So, the deficiencies of provisions on money laundering is being exposed increasingly. It also has controversial in theory and in practice in Crime of Money Laundering in China. Therefore, this article attempts to combine with relevant theory of criminal law to discuss some legal issues related according to the analysis of the case which name is'Money Laundering of Wang Zhao', hoping to reference for the Crime Money Laundering and make some sound recommendations for relevant laws and regulations.This paper will be divided into three parts:The first part is trying to introduce the case, mainly involves the facts, the view of prosecution and defense and the Judgment, and thus leads to the focus of the case and other related disputes.The second part is the focus of this article, mainly making some legal analysis. Includes five areas: Firstly, how to qualitative Wang Zhao's behavior according to China's criminal law provisions against money laundering? Secondly, how to define'knowingly'? Thirdly, how to understand the relationship of money laundering and predicate offenses? The section which also includes two questions: The first question is that whether the predicate offenses men establish a money laundering? The second question is that whether money laundering can be identified when predicate offenses are unconvicted? The author try to discuss it through the case of'Pan Ru min money laundering'Fourthly, how to define money laundering and stolen property crimes ( such as harboring, transfer, acquisition, definition of the crime of selling stolen goods; perjury; concealing the murder; huge amount of property from unidentified sources) ? Fifthly, whether the conduct that accepting the seven categories of'predicate offenses'actors'proceeds of money laundering as a gift constitutes money laundering? The author try to put forward views through analyzing the focus and issues related in order to solve problems that may encounter in theory and practice.The third part is mainly to indicate the problems existing in money laundering laws and regulations based on the analysis of the case, and to propose some immature proposals.