Money Laundering And Research

Money-laundering offences, as organized crime, drug offenses and the internationalization of the new global crime, money-laundering and its upstream because of serious criminal activities harmful to society, the international community and gradually through international conventions and domestic legislation on money-laundering activities to be crime, the criminal and severely crack down. Due to the different traditions of the Penal Code, the crime of money-laundering and its upstream of the crime situation in various countries, international treaties and national crime for the crime of money-laundering provisions of the elements of a considerable diversity exists, the result of money-laundering countries in the efforts to crack down on crime there is a big difference. China for the crime of money-laundering legislation is still in the exploratory stage, both by the national legislation and international conventions influences, by the theory of China's Criminal Law and Criminal policy constraints and the current crime situation of China's influence. China in 1990 adopted the "decision on the anti-drug" under Article 4 "to disguise or conceal the source and nature of drug crime frame" is the first in China for the crime of money-laundering laws and regulations of the criminal system, the new Penal Code in 1997 in the 191 formal clearly defines money-laundering Crime, "2001 Amendments to the Criminal Law (3)," 2006 "Amendments to the Criminal Law (6)," has further widened the crime of money laundering "predicate offences" the scope of the money laundering offence to supplement and perfect. China on December 20, 1988 signed, and September 4, 1989 approved the "United Nations Convention against the Illicit Traffic in Narcotic Drugs and Psychotropic Substances Convention" and the December 12, 2000 signing, in 2003, and August 27 ratified by the "United Nations Convention against Transnational Organized Crime"; December 10, 2003, the Chinese Government signed the "United Nations Convention against Corruption." In this paper, based mainly on the crime of money-laundering legislation in China, from the international community and foreign cases related legislation, China's criminal law theory of the crime of money-laundering crimes constitute elements of the disputed issue of a brief assessment, and put forward some of their own superficial view.This paper is divided into four parts:The first part of the object of the crime of money-laundering were discussed.The first part of the object of the crime on the country's basic theory, and pointed out that this paper is to discuss the object of the crime is the direct object, the object of the crime of money-laundering laid the foundation. Secondly, the current academic circles on the crime of money-laundering object to the various points of view of the order, summed up the "simple object," and "uncertain object," and "complex objects" three doctrine, and in accordance with China's Criminal Law on the theory the object of the crime Comment on January 1 be. Finally, this paper presents the main object of the crime of money laundering is the normal judicial recourse criminal activities, financial management order is a crime of money laundering offence of money-laundering secondary object of view, and pointed out that the existing criminal law will be attributable to the crime of money-laundering crimes undermine financial management order does not properly, it should be attributable to the crime of money-laundering crimes of obstruction of justice.The second part of "the crime of money-laundering aspects of the study objective" on the three major issues discussed. First, the crime of money-laundering predicate offences related issues were discussed, and put forward the crime of money-laundering predicate offences should continue to moderate expansion in response to the growing domestic money-laundering offences and China has signed the International Convention for the view that the definition of money-laundering at the same time Several criminal offence upstream noteworthy: 191 of the Penal Code provides upstream crime is a crime rather than a specific type of crime could not have illicitly acquired crimes can not become the crime of money-laundering predicate offences; predicate crime is a form of guilty and not guilty in real terms. Second, on the crime of money-laundering crimes issues. First on the list of the international community for the crime of money-laundering provisions of the way, to explore China's money-laundering offences behavior set a marker; on the general pattern of the crime of money-laundering; pointed out that 191 of the Criminal Law of the "hide" and "concealment" and the link between difference to China's criminal law provisions of the five specific behavior pattern interpretation of the connotation; to China's Criminal Law should be "acquisition, possession, use," included in the crime of money laundering in the specific behavior pattern. Thirdly, the possibility of setting up on the crime of money laundering is not pure is not as committed problems. The author believes that the crime of money-laundering can not set up as a pure not guilty, the key lies in whether the specific subject for a specific obligation. According to China's "anti-money-laundering crimes" provisions, financial institutions and other organizations and individuals for specific customer identification, record keeping transactions, large and suspicious transactions reporting obligations, have specific obligations specific to the principal if it is not able for, it does not set up as a pure non-money-laundering crimes.The third part of "the crime of money-laundering on the main issues," mainly on the crime of money laundering "predicate offences" can establish the crime of this crime were the main Inquiry. And the International Convention on the case of foreign legislation, in the main body of the crime of money-laundering, including "You crime" on this issue, affirming and denying the existence of two opposite attitude, and academic circles in China's criminal law on this issue there is "definitely" , "no" and "compromise" three viewpoints. The author believes that 191 of the Penal Code from "knowingly", "assist", "to provide" terms, it may be inferred that the main body of a money laundering offence it is impossible for "predicate offences" from the point of view of criminal law theory, the upper reaches of the perpetrator disguise or conceal their illegal gains its "upstream crimes" natural extension of the "no impunity of the subsequent conduct" with a "negates responsibility" nature, and therefore the main money-laundering crimes should not include "upstream perpetrators."PartⅣ"money-laundering offences subjective aspects of the study" on three major issues. First, the international conventions and to the subjective elements of the crime of money-laundering provisions vary significantly, mainly provides intentional crime, but there are also individual legislative negligence cases will be included in the crime of money-laundering a crime. Secondly, with regard to "knowingly understanding." The author believes that "knowingly" the content requirements of people understand that they may be handling the property of seven categories of specific receipts and proceeds of crime; "knowingly" to the extent determined by both know, but also should be aware that in the "knowledge" of justice judgement standards, we should adhere to the principle of unity of subjective and objective, we should not only consider their own internal actors capacity to understand, but also to consider the case of the specific situation. Third, the crime of money-laundering on the form of sin. The author believes that 191 of the Penal Code, "to disguise or conceal the source and nature" is not the purpose of the crime of money-laundering, money laundering offence committed is not an end. The crimes include not only direct form of sin deliberately, but should also include indirect intentional.