A Number Of Issues. Money-laundering Offenses Study

The crime of money-laundering is a new type of transnational criminal activities,it means to cover up or to conceal the nature and the source of the criminal proceeds and makes a legitimate form.In recent years, With the economic globalization, the transnational characteristics of the money laundering is becoming increasingly obvious, it spreads quickly and wreaks havoc with the international economic and financial security around the world and is becoming a worldwide public hazard. The harm caused by money laundering is becoming more prominent and the world's economic security is under serious threat. In order to severely crack down on the money-laundering offenses in the world, the United Nations adopted a number of international treaties ,to ask for all the countries in the world to come together to punish the crime of money laundering. At present, more and more countries enact legislation to make criminal acts of money laundering as a crime and to develop many domestic laws and regulations of appropriate prevention and combating money-laundering crime. In our country, the crime of money laundering will also become worse. Chinese new criminal law has increased the charge of money-laundering, and the form of amendment to the criminal law have been amended twice and further broadened the crime of money-laundering "upstream crimes",so that the scopes of them have been made to improve and develop. However, due to the crime of money laundering is a new charge in our country, a number of theoretical issues can not help but have some differences. In this paper, a number of controversial issues have been researched.In addition to the introduction, this paper is divided into four parts.In the first part, the object of money-laundering were discussed.Firstly,this part introduced the general theory of the object of the crime. With regard to the object of the crime, there are the traditional "social relationship" and the "legal interest, "two doctrines. In this paper, comparison of both theories, in essence, the object of the crime is criminal law benefits and should not be expressed as social relationships. and insisted that the reasons for that.Secondly,in our country, Chinese criminal law scholars have summed up " a simple object"and "complex object" and "object variable to say" three doctrines. On this basis, the proposed object of doctrine has been faced many challenges, as well as the views of this article. This article holds that, after analysis and comparison, this view is relatively more desirable. but as the field of money laundering to further develop, the object of the crime of money laundering will also be more complex, if the money-laundering offenses is still under the crime of destruction of the financial management order, it is not scientific and these are the challenges faced.In the second part, the objective characteristics of the crime of money laundering identified. In this part, two controversial issues are analyzed and identified. First of all, the issue about the"illegal income and revenue generated by" was discussed. About this issue,there are two main points of view , one is only limited to the cash and the other considers besides cash, that also includes the physical things. This paper, on the basis of comparison and analysis, supported the second view and adoption of our first amendment to the provisions of the criminai law, as well as analysis, combined with the needs of the judicial practice, pointed out that "illegal income" is not just limited to the proceeds of crime.Finally,this paper through our law of large financial transactions, suspicious transactions reporting system, pointed out that the main body has a specific obligation to fulfill ,its failure to perform in the circumstances, it is possible to constitute a money-laundering.In the third part, the crime of money laundering subjective aspects are explored. The main part of the subjective faults on the money-laundering crimes in the three issues to explore. First of all, whether the crime of money laundering, including "indirect intent" crime of the problem from the start who is not an end, by drawing on the International Covenant on behavior related to money-laundering provisions, including "the purpose of committing the crime" and "common knowledge constitute a crime, "both cases. Which certainly can also be deliberately indirect intentoin. Secondly, from the international conventions and national legislation of the world's point of view, the negligence rule out the possibility of sin in the form of money-laundering crimes, the legislation is an international trend. In the criminal law, the form of money laundering crimes is limited to intentional sin. This fully demonstrates the points of the criminal law, at the same time is also in line with the requirements of light imprisonment of thinking. Finally, with regard to "knowingly understanding" . About this question , this paper insists that the "knowingly understanding" should be limited to seven categories of the statutory crimes ;"Knowingly" to the extent determinedby both know, but also should be aware; the principle of the judgement about"knowingly understanding ", should be based on the principle of unity of subjective and objective. It is necessary to take into account the cases of the specific circumstances of the time, but also consider the behavior people's inherent cognitive ability, the only way to overcome the subjective and objective point of view of two of the one-sidedness.In the fourth part, the crime of money laundering upstrem crimes are researched. In this part, two issues of some of the major are researched. First, on how to further expand the scope of money laundering upstream crimes . This article holds that, in accordance with international conventions and in China《Anti-Money Laundering Law》, the provisions of the scope of money laundering upstrem crimes should be defined as "a specific crime + other serious crimes" .but about the specific types of "a specific crime + other serious crime", it is very difficult in the international community to reach a consensus, because as long as there is multi-national presence, there will be economic,culturaland political differences. no doubt,it is an objective phenomenon. In our country, for the "specific crime" types, I believe that Chiese law of seven kinds upstream crimes are preferable. Secondly, the crime of money laundering upstrem crimes and common crime problems. To carry out a thorough examination on this issue, an issue that can not be evaded is the actors of the upstrem crimes can become the the actors of money-laundering crime, which, in this article from the "can not be fined after the act" theory. Came to the conclusion that the subject of the crime of money laundering can be the one of theupstream crime .If money-laundering and the upstrem crime to have a pass in advance to seek, it can constitute a " upstrem crimes" common crime.