On The Consideration Of Money Laundering

Crime of money laundering has already lasted for more than half a century, many countries was affected all over the world. Along with the economy developing, money laundering changed quite a lot in international criminal law and many countries. Cause of the criminal law to laundering initials late, legislation is not strong enough to this, and poor in justice achievement, as a result of improving theory of money laundering of our country and to strengthen the defense and punishment of money laundering, deeper research in theories of money laundering is badly needed. This article was based on browsing a great number of documents data, combined with the current situation of defense and punishment of money laundering, expounded by four parts from the law and as a source of reference, the theories and achievements about money laundering summarize, the consideration of the upper reaches crime of money laundering, consideration of the coop-rationality crime of money laundering comprehensively.There enumerated some concepts of money laundering in theory nowadays at the first part of the article, and also summarized some characteristics and compositions of money laundering.Firstly, are characteristics and concepts of money laundering. This article analyzed and expounded the theory to the four kinds of money laundering. Such as money laundering, it means that kind of behavior that one person knows that the income came by narcotics crime, gangster, smuggling clearly but conceal the source and the characteristic. Being a new crime way within many objective results, money laundering presents many different tinctures from other crimes. One is that distinguishable victims are in shortage, second is money laundering is rather complex, third is money laundering is quite professional in skills, forth is money laundering always goes internationally, the last is funds of money laundering concentrated a lot.Secondly, constitution tincture of money laundering. Main part of money laundering always be normal subject includes naturally person and legal person. Weighted from the criminal laws theory circle and international criminal laws legislating, there is controversy by two orientations about whether money laundering was caused by advanced criminals, that is the crime in"others advancing theories"and"self advancing theories". The main part details of money laundering should be every naturally person and legal person, not without advanced criminals. Subjective respects was constituted by directly and purposely; objects are always complex, such as having violation in either financial managing order and judicial authority activities, and offering help as transforming their property into cash and portfolio; transferring money or other settling ways that achieved helping the money migration; helping the funding remitting to outside borders; and other ways that help the criminally income or its sources, characteristic hidden.Part two:The consideration to the advanced criminals of money launderingFirstly, legislation of the advanced criminals of money laundering.1.International legislation. Advanced criminals of money laundering are not surely considered internationally, mainly there are four legislation examples. (1) Which will not be considered unless it goes by drug trade. (2) Includes any kinds of income which by criminals. (3) Any income that not abbey to the law. (4) Only limited as"Special Criminal Income".2.Legislation in our country explains that according to the legislating circumstance to the advanced criminals, blows money laundering will be prominent, but the opposition to money laundering legislation always be more slowly than the achievement of the money laundering mainly performs as the considering range to the advanced criminals are more narrow, and it's obstructively to the cooperation among the international anti-money laundering; obstructs blowing or keeping away interrelated crimes, reduced efficiency of the judicial, obstructs the combination of the laws in our country, obstructs the efficient occurring of the legislation.Secondly, that gangster drug trade and smuggling but the criminals conceal the source and characteristic of these, and received the income by these, whether can constitute"money laundering"expounded personal ideas. That is the first one constitute the money laundering, but the second one doesn't constitute the money laundering.Part three:Consideration to the money laundering and interrelated crimes. According to the analysis on the respects as criminal object, crime target, criminal subject, criminal purpose, criminal subjective, this article enumerated the boundaries between money laundering and drug trade covering; the boundaries between money laundering and shield crime; the boundaries between money laundering and perjury crime; the boundaries between money laundering and concealing illegal income crime.Part four:Consideration to the money laundering and collaborative crimes.Firstly, that is the marginal between money laundering and advanced crime. To my own idea, the key in dividing those two kinds of crime is whether there's colluding before the crime achieve. Once there is, and also laundered money after the crime achieved, there's advanced crime but not money laundering only. Secondly, activities over ruled, it means actors achieved the crime exceeded the combine substance. If the criminal's crime behavior went over the other criminals', that he is going to assume the blame, if not, the mail criminal will share the blame with the achiever.Finally, unilateral cooperated crime. The unilateral cooperated criminal has the crime subjective only but without the criminal objective, at least without crime achieved directly, but never affect to the objective crime establish.After all, with the developing and completing of the socialist market economy system in our country, money laundering was more and more clearly stand out in economical crime, we shoulder heavy responsibilities in blowing money laundering, much more arduous and meticulous work is required. We believe, with we pay more and more attention on money laundering, as the law to the money laundering becoming more and more complete, it is going to improving the velocity of the socialist market economy development in our country into a high speed.