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On Money Laundering Crime

Posted on:2008-10-18Degree:MasterType:Thesis
Country:ChinaCandidate:X K DuFull Text:PDF
GTID:2166360215457538Subject:Law
Abstract/Summary:PDF Full Text Request
As the international exchanges develop and the criminal activities such as drug trafficking and smuggling take place frequently, the continuous money laundering crimes grow faster in the world,severely sabotage the financial order and jeopardize the judicial activity, so do they in our country. Especial in the past years, with the fast development of our economy , money laundering has become more severe. In order to make attacks on money laundering, the crime of money laundering was first stipulated in the criminal law in 1997. However because of the imperfectness of the criminal law and regulations on money laundering crime, there is no effect about the attacks on money laundering . In order to better attack on money laundering crime, we should make perfect the definition and legislation of the money laundering crime. So this paper makes references to the money laundering crime stipulated in the criminal law and analyze the every aspect of the money laundering crime so that our people will make a clear knowledge of money laundering crime . I hope my some views will be helpful to our legislations .This paper is composed of 7 chapters . The first chapter about the concept of money laundering and its crime, analyze the historical development of money laundering word so that the persons with little knowledge of money laundering know it. Then the paper roundly analyze the kinds of definition on money laundering crime by the different scholars, and meanwhile I put forward to my own view on the proper definition of money laundering crime . The second chapter is about the characteristics and injuries of money laundering crime . The third chapter is about the composing parts of money laundering crime ,which is also key part of the paper and which analyze the aspects of the composing parts of the money laundering crime in detail and illustrates my views . I think that the subject of money laundering crime may be the up-stream criminal persons and the subjective aspect may be indirect intent. " knowing" in the subjective aspect is elaborated in detail . I also think that the main object on money laundering is the disrupting of the judicial justice ,and suggest that money laundering crime should be classified into the catalog of the crime of disrupting judicial justice . So I think that because of the implementation of anti-money laundering law the crime of money laundering may be composed of the negative crime . The paper also analyze the criminal target on money laundering, including the up-stream crimes , forms of money laundering and the illegal acquisition on money laundering . The fourth chapter is about the forms of money laundering . In this part , I analyze why crime of money laundering is the action offense and put forward to the judgment principles of completion and attempt on money laundering . The fifth chapter is about the plural crime . I mainly analyze the cases of punishment for 4 kinds of plural crimes . In this part I also put forward to the judgment methods for concealing crime , disposal crime, smuggling and money laundering crime . The sixth chapter is about criminal punishment . I suggest that money laundering crime should be punished severely and meanwhile I also explain how to handle legal property of third party acting in good faith and how to understand the amount of money laundering in the execution of the criminal law . The seventh chapter is about the legislation on money laundering home and abroad . I compare our legislation to the other several countries legislation and put forward to my views on anti-money laundering . From the beginning of the resource and definition of money laundering, the paper analyze the relevant questions on money laundering step by step . In the whole text, I cite and analyze other views ,then put forward to my own special view clearly.
Keywords/Search Tags:money laundering, criminal object, criminal punishment
PDF Full Text Request
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