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Under The Vision Of The Anti-money Laundering Law Money Laundering Investigation And Prevention Countermeasures

Posted on:2008-11-03Degree:MasterType:Thesis
Country:ChinaCandidate:W C YouFull Text:PDF
GTID:2206360215972793Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
In recent years, with the crime of smuggling and drug offences graduallybeing rampant, the follow-up the. crime of money laundering also displays thetrend of climbing ceaselessly. In return for this, it is a distinctive law phenomenonin the field of criminal science of law that international criminal law changed anddeveloped promptly about committing a crime in connection with the moneylaundering, in the recent 20 years. It has arrived at an active push effect to everycountry on the development and the unifying of criminal legislation, judiciary, andthe criminal science of law theory, as well as criminal investigation theory. Facingthe gradually graving the crime of money laundering and the various socialproblem initiated, our country made a public appearance on June 29,2006,the"Criminal Law Amendment (the sixth)", which revised the first section of article191 about that the money laundering crime. Afterwards, on October 29 of thesame year, our country promulgated "Anti-money Laundering Law". People'sBank of China also made a public appearance of two assorting, within one day, onNovember 14, that is, "Regulation of Banking Institution Opposes MoneyLaundering" and" Manage Way for Reporting Big Foreheads Business and theDoubtful Business of Banking Institution". From the regulation, it can be seen thatour country government had taken seriously altitude to prevention and cure formoney laundering, and had already put into practice all round.Since the year of 1997, our Criminal Law set up the crime of money laundering,although, the scholar circles has discussed about the legislation problem and theproblem about how to keep watch and detect the crime being related to the crimeof money laundering. However, great majority scholars who were hampered inrestricting of various reasons and wherefores of conditional failed to stand in therational angle to discuss the relevant problem about money laundering. It not onlygravely affected the relevant legislation, judiciary, and the theory going deep intothe study of the money laundering, but also unavoidably affected the work ofdetection, judiciary, and the penalty imposed on the offenders in practice. Theinvestigation organ was facing the realms of "three difficult", that is, difficult to beconfronted, difficult to find, and difficult to obtain evidence. Except for the preface and conclusion, this paper is composed of thefollowing four parts, which are more than 30,000 words totally.The first part is about the origin, reasons, harms, and main characteristics ofthe crime of money laundering. It also introduces the present situation and thedeveloping trend of the crime in China. Then, the author makes an introductionabout the most important development of international legislation.In partⅡ, the author mainly introduces the background of the legislation of theAnti-money Laundering Law, and the context of the law. Then the point about thelaw is made on the basis of the introduction before.PartⅢ, is the most important of this paper. It is about the investigativemeasures on the crime of money laundering. These measures are mainly dividedinto administrative investigation and criminal investigation.PartⅣis also an important section of this paper. It is mainly about how tosynthetically make up the system for preventing the crime of money laundering.This part is mainly about six aspects.
Keywords/Search Tags:Countermeasures
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