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Study Of The Crime Of Money Laundering

Posted on:2006-08-04Degree:MasterType:Thesis
Country:ChinaCandidate:J H LiFull Text:PDF
GTID:2206360182960056Subject:Law
Abstract/Summary:PDF Full Text Request
Since its emergence, money laundering has developed in methods and scale, and has become a specialized crime with systematical organization and specialty division. It also has been increasingly professional, intelligencized, internationalized and politicalized. The crime of money laundering has jeopardized the finance safety, economic development and social steadiness in many countries and even the international security. More and more countries, therefore, has made related laws and regulations to clobber and contain this crime. Our country has also established its own legal system of anti-money laundry, but it still needs refinement in its legal regulation, organizing system, financial administration and international cooperation, etc. Based on the theory of criminal law and legislation regulations, this paper makes an introduction to and analysis on some issues related to money laundry crime, proposes opinions on some controversial theoretical and practical problems, and touches upon the improvement of China's legal system against money laundering.Besides the parts of introduction and conclusion, the body of this paper is composed of the following five parts:Part Ⅰ makes a general analysis of money laundry crime, including the origin of money laundering and its latest development trend, the three stages of its entire process, major methods, and its harm, etc. Based on this, the author proposes his own definition: the money laundry crime refers to the act of concealing illegal income and converting it into seemingly legal income through various methods, so as to avoid legal sanction.Part Ⅱ discusses the legislative standards against money laundry crime, including the introduction to the domestic legislation of anti-money laundry in such countries as Britain, U. S. A., etc., and regulations on money laundry crime in some international organizations and conventions. From the above introduction, our country may use them for reference in related legislation. Besides, this part also expounds the development of China's legislation against money laundry and related organization system and system establishment.Part Ⅲ focuses on the constitutive elements of money laundry crime in our country's criminal law, and makes a detailed theoretical comment and analysis on it. First, about the object of money laundry crime, it is proposed that the object of moneylaundering is complex with the normal activities of judicial authorities as its major object, and the financial administration as its selective object. About the objective aspect, the author points out that the scope of "upstream crime" of money laundering defined in China's criminal law should be extended to drug-deal and gangland crimes, horror and smuggle activities, bribery and corruption crimes, crime of tax dodge and evasion, crime of financial swindling, and other crimes involved set-term imprisonment. "Illegal income" does not rigidly refer to income associated with crimes completely in accordance with constitutive elements. In fact, "illegal income and related gains" may be properties of any forms, including cash, foreign exchange, securities, precious metals, and other movable and immovable properties. Second, about the subject, it is proposed that the subject of upstream crime should not be the subject of money laundry crime. About the subjective aspect, the author observes that according to China's criminal law, money laundry crime can only be committed with direct intention but not indirect intention or negligence. He continues with discussion on the content and degree of "awareness": "awareness" of money laundry crime can be tenable, provided that there is likelihood or sufficient evidence for the conductor to recognize that the assets in handling are illegal incomes. The degree should be judged according to the principle of unification of objective and subjective factors.Part IV discusses the judicial adjudgement and punishment application of the money laundry crime, and makes analysis of some issues to be defined in judicial practice. It points out that money laundry crime is offense of act in patterns of both attempt and completion of crime, and the key to determine whether the money-laundering conductor is accomplice of "upstream crime" or independent criminal is the evidence of pre-criminal conspiracy. Besides, the proportional punitive punishment in our country is not sound and needs improvement, and "confiscation of illegal gains" should include "mixed confiscation" and "substituted confiscation" provided for by United Nation's Drug Prohibition Convention.Part V weaknesses and touches upon the improvement of China's legal system of anti-money laundering. Corresponding suggestions are put forward in view of the weaknesses in China's existing anti-money laundry law.
Keywords/Search Tags:money laundering, money laundry crime, upstream crime, constitutive elements of crime, legislation improvement
PDF Full Text Request
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