Research On The Difficult Problems Of Money Laundry

Money laundering is a new type of criminality which is used to hide and cover the essence and source of proceeds of crime, and to make the proceeds enter the field of circulation in a superficially legal form. In recent years, money laundering as well as its harm is heating up, which is widely paid close attention to by international society, and countries all over the world are taking strict legal measures in succession to fight money laundering. China has built the primary legislative system to counter money laundering, but there still exist lots of difficult problems to be resolved in the judicial practice. The difficult problems of money laundry in the practice of justice on the basis of the basic theories of jurisprudence are covered in this thesis.In chapter one is the survey of money laundry. The history of money laundering is expounded; the comparison between the criminal regulations on money laundry of international organizations as well as countries around the world is made; and the regulations on and the history of money laundry in our country are systemized. Through the horizontal and vertical comparisons in detail, the legislative system to counter money laundering is analyzed.In chapter two is the problem of crime composition of money laundry. Specific research on some complex criminal objects and criminal subjective aspects acknowledged in judicial practice, with many disputes in the academic circle, is conducted. Objective elements. For the essence of criminal objects is supported by the juristic theories on the interest of criminal law, the criminal objects of money laundry should be selective objects, that is to say, complex objects in usual circumstances, the normal activities of financial control order and judicial authorities; and simple objects in special circumstances, normal activities only for judicial authorities. Subjective elements. Under the premise of removing the forms of crime such as non-negligence and purpose, the research is mainly focused on money-laundering offenders'being fully aware of and indirect intent on illegal incomes and proceeds. In the content of being fully aware, it refers to the illegal gains as well as their generated proceeds of seven predicate offences regulated by the articles of money laundry law. In the degree of being fully aware, it is more precise to extend being fully aware to knowledge and equivalent knowledge. Indirect intent should also be defined as a form of crime of money laundry. In chapter three is the special patterns of money laundry. The judgment between unaccomplished and accomplished money laundry is defined by the different ways of act of the offenders. Three conditions should be met in the foundation of unaccomplished crime: money laundering has been started; the crime is unaccomplished; and the offender is enforced by irresistible elements outside the will. Criminal constitutive requirements regulated by specific provisions of Criminal Law should be completely satisfied in the foundation of accomplished crime. The joint offence of money laundry should be judged in two situations. Money laundering acted by subjects of predicate offence should not be convicted of money laundry. Money laundering with collusion not acted by subjects of predicate offence, constituting jointer with predicate offence, should be convicted of the felony; if non-premeditated, it should be regarded as money laundry. When money laundry joints other crimes such as drug-related crimes, the offender should be punished by a felony among the crimes his commits. When money laundry joints smuggling, if the jointer is premeditated, the offender should be convicted of the felony; if the jointer is willful but non-premeditated, the offender should be convicted of money laundry; if the jointer is non-premeditated and unintentional, but the offender provides convenience afterwards, he should not be judged guilty.In chapter four is the boundary between money laundry and other crimes. Money laundering is a newly-added crime by the new criminal law of 1997 in China. The acts of money laundering were punished in the name of other relevant crimes before. So money laundry is naturally similar to some accusations, which requires distinction in judicial practice. In this chapter, the distinctions of the following four accusations are elaborated in detail: money laundry as well as crime of shielding offenders engaged in narcotic crime, crimes of harboring and covering up counterrevolutionaries or other criminals, perjury, and disguise or conceal the proceeds of crime, the proceeds of crime offences; and the specific assertion of money laundry in judicial practice is made clear.In chapter five is the resolutions of the difficult problems on money laundry. The anti-money-laundering legislation in China started from scratch and is now gradually improving, but it still lags behind the develop trend of the activities of money laundering. In order to solve the difficult problems on money laundry, first, the range of predicate offences should be extended: the range should be extended to all sever crimes included by the criminal law in recent midterm legislative programs in China and to all crimes in long-term legislative programs; second, the subjective constitutive requirements should be completed: the specific being fully aware should be extended to witting being fully aware and the certain being fully aware should be extended to uncertain being fully aware; third, objective constitutive requirements should be defined: the range of the behavioral pattern of money laundering should be extended, the fighting scope of the act of money laundering should be enhanced, and the criteria to measure the seriousness of money laundry should be detailed and measurement of penalty should be taken comprehensively according to the amount of money laundering, the harm to society and the local impact on the activities of money laundering, etc.; fourth, the penalty severity should be intensified, the legal age of punishment should be increased, and the amount of fine should be enhanced.Above all, in the background of anti-money-laundering in our country, in the view of criminology and on the basis of the experience in judicial practice, the criminal characteristics of money laundering are summarized and the difficulties of money laundering in judicial practice are researched in this thesis. I wish to offer some reasonable suggestions to improve the anti-money-laundering legislation in our country.