Crime Of Money Laundering And Its Prevention

With the enlargement of economy-finance globalization, money laundering crime increases gradually and approaches people closely. The international duties of WTO member require China to enhance the prevention and to crack down on money laundering crime. Prime Minister Wen Jiabo said that the government should combat money laundering crime in the government report on 10th National People's Congress. Some NPC members also advocate that China should make the legislation of anti -money-laundering crime perfect. The author's opinion is that China should make full use of current laws and then make them perfect. The passage, according to the current laws, discusses the 191st item in Criminal Law on the basis of lots of reference books. And the passage introduce the most updated legislation domestically and abroad, especially the perfection of criminal legislation. At the same time, the passage provides some solution on anti - money-laundering.It consists of 4 parts, including 40 thousand words.For the confusion between money laundering, money laundering crime and money laundering crime of 191st item in Criminal Law, the first part introduces the various descriptions of them domestically and abroad to disclose the definite meaning and its relations. The author holds that the meaning of money laundering including money laundering crime and illegal laundering transaction.The second part is the emphasis of the passage. It discusses some disputes on money laundering crime of 191st item in Criminal Law, including its objective, subjective, culpability and criminal responsibility. The author holds that its direct objective are double: national order in financial management order and judicial order of judicial organizations; it's subjective doesn't include original criminal offenses himself; its culpability is intention. The extent for full awaring includes certain awaring and possible awaring. And confirmation of full awaring consists of regarded full awaring.The third part introduces the new development of anti-money-laundering legislation in USA. European Unions, Russia. China and United Nations. Thenit introduces Rules of anti-money-laundering for Financial Organization in detail issued in January.2003.The last part is also the emphasis of passage. The author provides the solution of anti-money-laundering in the respects of legislation, special organizations, international cooperation, and so on. It's most important to perfect the money laundering crime of 191st item of Criminal Law. As many writers discussed the problems in many laundering, the author tries to create some new ideas. First, it discusses the issues to perfect the criminal legislation, which includes studying the advance experience of other countries, following the trend of international criminal laws closely and basing on the conditions of China. The author holds that original crime should be enlarged, which adds the corruption or other severe crimes of economical benefits. Meanwhile, the author believes it is necessary to reform the criminal punishment on financial organizations and its staff, at the same time, confiscation measures also should be perfected.