Discussion And Analysis About Some Difficult Questions In Money Laundering Crime

Along with economy developing and progress in science,crime of money laundering is becoming a global problem.1997 the 191th regulation rule in the revise of our country《penal code》settle money laundering offense,2001《penal code revision bill(three)》as to it's give modification,complement,2006《penal code revision bill(six)》as to it's take into perfect. Along with international community economy of development contact more and more close, money laundering offense to appear new of outside characteristics and circumstance, international cooperation that stroke money laundering crime continuously of obtain breakthrough of make progress.The research on money laundering crime under the current situation,to our country pertaining to crime lawmaking in further perfect to money laundering offense of provision have importance of reality and practice meaning.The full text is total 5 parts,about 17500 words.Foreword:the our country be anti- to money laundering the history origin and development of the lawmaking.All said to money laundering offense first,from "money laundering" one phrase of since commence,discuss international society anti- money laundering lawmaking of development,then from our country 1979《penal code》to money laundering problem of processing arrive first time to clean poison money behavior crime turn of lawmaking,again arrive our country new penal code revise concerning" money laundering offense" in the process really sign with revise,end to 2006《penal code revision bill(six)》to "money laundering offense" of further complement.The first part:upper stream crime and its scope of money laundering offense.The writer elaborate to the relation of money laundering offense first with the upper stream crime of money laundering offense.According to《penal code revision bill(six)》of provision,money laundering member to pass rightness seven types of particular crime of crime income and it creation of income of illegal source and property carried on cover up,conceal,then constitute our country what penal code rule wash money offense.Therefore,writer according to our country related money laundering offense lawmaking a rightness that "seven types of crime" to give concrete explicit.The second part:the corpus of money laundering offense should not include the corpus of upper stream crime.This part emphasized discuss penal code in of money laundering offense is a booty crime of nature derivatives,"can't punish of after the event behavior" ories can settle money laundering offense upper stream a crime origin make of being punished,and elaborate the corpus of money laundering offense shouldn't include the upper stream crime origin make.The third part:the objective aspect of money laundering offense.This part first analysis crime income and its income of meaning,point out crime income from the criminal offence direct acquire of wealth and properties,crime income income be to crime income carry on handle behind creation of benefits,then combine judicatory practice medium to crime income and its income affirm top of the difficult problem carried on study.Then,concrete analysis cover up,conceal behavior,point out comprehension to money laundering offense of cover up, conceal the behavior want confidence two key,then money offense of cover up,conceal the behavior must be to pass a financing institution to come to completion,cover up,conceal behavior of the purpose and make is substantial upper stream crime income and its income from substantial illegal become surface legal.The fouth part:perfect and suggestion of anti- money laundering the lawmaking.Aim at an our country current anti- the problem money laundering lawmaking top existence,put forward should extension scope that money laundering offense upper stream's crime, enlargement to the penalty which money laundering crime punishment strength,improvement confiscate illegal the lawmaking norm for gain,perfect finance,revenue from tax etc.related laws...