On Behaviors In Money Laundering Crime

Money laundering is a kind of crime which seeks covetous profits. The sole aim of money laundering is to make those who do illegal activities gain monetary profits generated from the crime. With the liberalization of global market, the financial globalization and the increasingly loose market control, the methods of money laundering have changed greatly. With the development of the Internet technology, the popularization of the resources sharing, the information globalization, the diminishing of social communication barriers and the ever-increasingly internationalized social life, the financial system provides better shelter for the dirty money,more convenient channels for laundering dirty money and more attractive profits for the criminal.It is difficult to identify the criminal behavior of money laundering due to its characteristics of diversity, concealment and complexity. Particularly, the criminal behavior of money laundering is similar to the relative criminal behaviors in the aspect of behavioral presentation, and thus it confuses us when defining the complicated money laundering behavior. Thus, this thesis begins with the definition of money laundering crime, and then elaborates on the mode of behavior, the methods of behavior and the demarcation of criminal behavior of money laundering and the relative criminal behaviors one by one. As for the relative puzzling questions, the author, by referring to the up-to-date legislation at home and abroad, begins with the criminal law theory and judicial practice, and then probes into the specific presentations of money laundering crime, the three frequently overlapping phases during the process of money laundering, the relationship between money laundering crime and the"upstream crime"as well as the discrimination between the money laundering crime and the relative crimes.In the eyes of the author, the way of money laundering crime is characterized of diversity and concealment; the methods are characterized of specialization and technicality; the development of three phases of behavioral process is always confusing and overlapping; the relationship between the"upstream crime"and the money laundering crime is original act and derivational act and they are periodic and continual behaviors. There is no relationship of overlapping of law articles between the crime of money laundering and the crime of harboring, transferring and concealing drugs and dirty money generated from the drugs. When determining the nature of the actor's behavior of hiding dirty money generated from the drugs, we can't solve it by adopting the method of overlapping of law articles; the criminal behavior of money laundering and the behavior of falsifying evidence crime not only differ in the content of behavior, but also in the performing time. With regard to the behavior, the crime of money laundering and the crime of smuggling do not commit the behavior of joint offence. This thesis is meant to hope for helping identify the criminal behavior of money laundering correctly in criminal judicature.