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On Perfect The Mechanism Of Money Laundering Crime Investigation

Posted on:2009-01-18Degree:MasterType:Thesis
Country:ChinaCandidate:F ZhouFull Text:PDF
GTID:2206360248451225Subject:Investigation
Abstract/Summary:PDF Full Text Request
Modem society, drugs, smuggling, and other criminal organizations triad very serious criminals through various amassed a large number of criminal money, but due to the more stringent financial and taxation management system, a large number of normal circulation of the proceeds of crime difficult. In order to be free to spend and use the proceeds of crime, money-laundering offences have emerged. And the global mobility of capital has strengthened considerably today, both countries in the world market, or accession to the World Trade Organization, China's market, in the context of economic globalization under control experiencing a continuous process if the freedom to relax, and the countries in the world the importance of the Chinese market and investment, thus inevitable that we are facing money-laundering at home and abroad from the challenges of the increasingly rampant crime. Faced with the growing problem of money-laundering offences and various social problems caused by China in June 2006, the "Criminal Law Amendment (6)," amending the Penal Code 191st article - of the crime of money-laundering provisions in order to more effectively punish money-laundering offences. And the January 2007 implementation of the "People's Republic of China Anti-Money Laundering Act," shows that China has been fully aware of the seriousness of the crime of money-laundering, raised sword to combat money-laundering crimes. As we all know, the implementation of the law does not mean that the realization of the law, the law should be to achieve the level of contingent theory and services sector needs the joint efforts of academia Although the crime involved in the money-laundering legislation and legal system construction, and other various issues of a large number of theoretical, However, the fight against money-laundering offences mechanism for the investigation of the research are totally inadequate, and this is bound to affect the judicial practice on the crime of money-laundering detection, prevention, as well as the ultimate penalty punishment. Limited to the investigative organs imperfect mechanism for the investigation of the shackles of the impact of the fight against money-laundering offences efficiency and effectiveness, therefore, the success of each of the money-laundering cases not detected, many money-laundering criminals go unpunished. This paper attempts to "Anti-Money Laundering Act," The promulgation and implementation as a turning point, the legal system of China's anti-money-laundering as the background to compare the perspective of the study, from the fight against money-laundering offences system, in particular the criminal investigation of money-laundering mechanism perspective to the international advanced on the crime of money-laundering investigation of the mechanism to inspect the United States, United Kingdom, Western Europe, the crime of money-laundering countries a comparative study of mechanisms, On this basis, then China's current domestic criminal investigation of money-laundering mechanisms analysis, on how to build and improve our mechanisms for the investigation of money-laundering offences in-depth study with a view to the fight against money-laundering offences related to the investigation and the detection of functional departments to combat money-laundering crime make some contribution, and can contribute to the detection of financial Joint preventing and cracking down on money-laundering crime to achieve greater successes offer some suggestions. The full text is divided into three sections, about 30,000 characters:The first part outlines the main money-laundering offences. The first part is divided into three levels, first of all, on money-laundering and criminal activities of the social, economic background, as well as from the primary form of evolution to the modern crime of money-laundering and money-laundering crime in the different features in different periods. The second level, mainly on international and domestic money-laundering offences status quo and development trends. The domestic and international money-laundering by criminal status and the crime of money-laundering laws that, in the third level summarized the characteristics of criminal money-laundering offences. That the crime of money-laundering secrecy, the international money-laundering offences, professional nature, complexity, and deletion of the four victims of the characteristics. The second part is from the perspective of comparative study, analysis of domestic and international mechanisms for the investigation of money-laundering offences, at two levels. 1, mainly abroad, especially the western developed countries in the fight against money-laundering criminal investigation of the mechanism of the advanced experience from the standpoint of the study: the investigative bodies set up to detect the right configuration, professional teams, investigative methods, international cooperation in five aspects. Second, by comparing foreign criminal investigation of money-laundering mechanisms, analysis and summary of the current criminal investigation of money-laundering mechanism of the status quo and the presence of defects. The main question is: traditional leadership and institutions donnt meet to China's current allocation of money laundering and criminal activities in the form of contingent professional and technical is not strong; the lack of international cooperation. The third part of the two-tier first, mainly on the basis of the previous text, in view of the existing mechanism for the investigation of money-laundering offences under the proposed comprehensive recommendations: divided into management adjustment; the quality of the intelligence network construction; construction of a system of joint defense ; dedicated technical tools introduced; visualization window; international cooperation in seven areas. China proposed to improve the criminal investigation of money-laundering mechanisms, we need to strengthen internal management and construction, and on the other hand we should pay attention to the same financial institutions, in particular in the money-laundering crime is closely related sectors such as banks, joint cooperation, but also focus on money-laundering crime international tendency, reinforced with the international other international cooperation. The second level is the former depth of the text on how to build and improve the "Police, silver," proposed the establishment of cooperation mechanisms two systems: 1. Information cooperation system; specific measures for: the establishment of an information Rapporteur investigation organs should be; to money-laundering Crime-related industries develop clandestine forces established; establish visualization window, synchronous tracking and do a good job of money-laundering criminal intelligence collection, collation, analysis, applications and resource sharing. 2.Establishing a rapid response mechanism; specific measures: establishing a rapid reporting mechanism for the establishment of the rapid exchange of information and intelligence mechanism of the system of criminal suspects, rapid detection; improve regional collaboration. Summarized at the end of this argument: China's "Anti-Money Laundering Law," has been led on the implementation of crime combating and preventing money-laundering mechanism of a series of changes, in light of China's accession to the International Convention has been to establish and improve our fight against crime and anti-money-laundering mechanisms should be We have established a good and harmonious social environment a major task. The criminal investigation of money-laundering reform and perfect the mechanism of reform and perfect the mechanism is the focus. The success of the international community to combat money-laundering criminal investigation mechanism is that we can learn from the experience and references, even though there are differences in national legal systems, but the international money-laundering offences to the characteristics of this difference has been watered down. Of course, we improve their detection mechanism, first of all, should be based on China's political, economic, cultural, and other characteristics, and establish mechanisms for the investigation of China's special characteristics. Establish and improve the mechanism for the investigation of money-laundering offences, we must firmly grasp the crime of money-laundering characteristics and implementation. On the one hand, can not abandon the traditional mechanisms for the investigation of crime and, on the other hand, the investigation of crimes against money-laundering mechanisms and methods for innovation in improving the mechanism at the same time, pay attention to improving the quality of the investigators. Not only doing a good job in the investigation organs in the construction of the internal mechanisms, and related financial institutions, in particular with the bank's cooperation and to build the same time. There are discussed in the immature, authors hope to receive more correction.
Keywords/Search Tags:Money-laundering offences, Characteristics of money-laundering offences, Money laundering criminal investigation mechanism, Police and banking cooperation
PDF Full Text Request
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