A Study On The Focus Of Money Laundering Crime

Since the1980s, money laundering is increasingly rampant with the spread of thedrug trade. Money laundering is becoming more and more widely known ona global scale. How to prevent and control money laundering effectively is becominga hot topic in theoretical and practical circles. Driven by international society, Chineselegislature enacted anti-money laundering laws and regulations and Chinesegovernment requires financial institutions to observe the principle of anti-moneylaundering and operation specification, promote the establishment of the legalframework for anti-money laundering in the area of finance. Unfortunately, becauseanti-money laundering starts late in our country, there are still many unsolvedproblems, relating money laundering crime, worth thinking. This thesis researchesseveral hot issues in practice and theory relating money laundering crime and givepersonal views, hoping to benefit judicial practice. This thesis can be divided into fourparts.Chapter1mainly talks about one of the hot issues relating money laundering, isthere rationality of broadening the scope of upstream crime. This chapter starts fromintroducing upstream crime via comparison. The typical legislation method onstipulates the scope of upstream crime. The author also analyse their respectiveadvantages and disadvantages. This comparison helps to reveal the debate onbroadening the scope of upstream crime. In the end, the author demonstrate therationality of broadening the scope of upstream crime from the aspect of judicialpractice, the trend of international anti-money laundering criminal legislation andjudicial assistance in criminal cases, what’s more, this practice helps to achieve fairness and justice. The author opposes the proposition that every crime can becomethe upstream crime.The next chapter discusses the subject of money laundering crime, focusing onhot issue whether the criminal subject of the money laundering include the criminal ofupstream crime. On the discussion of this issue, the author adopt analytical methodand conclude that the afterwards act of impunity theory cannot be applied to moneylaundering. Immediately, the author propose that the subject of money launderingcannot become the criminals of the upstream crime.And the legislative intent ofmoney laundering crime, justice and Conformity of constitutive elements require thatthe criminals of upstream crime be the subject of money laundering.Chapter3talks about the hot issue relating the subjective fault, mainly talksabout the kinds of subjective fault, Is indirect intent or criminal negligence included inthe subjective fault of money laundering crime. In this part, the author refutes theviewpoint that criminal of money laundering crime should harbor crime intent via theanalyzing of essential nature of money laundering. Also the author points out thatnegligent crime cannot be deemed as money laundering crime by demonstrating therelationship of crimes, what’s worse, it lacks practical operation.Chapter4, the last chapter of the thesis, discusses the object of money laundering,analyzing a bunch of views relating the object of money laundering, and pointing outtheir respective disadvantages and new academic problems incurred by the abovementioned views. The author concludes that the object of money laundering crime isselective through the analysis of the legislative intent of money laundering crime, theessential character, and discussing the nature of money laundering crime that happensin the non-financial institution.