On Several Controversial Issues Of Money-laundering Offenses

This article focuses on the crime of money laundering legal theory and criminal legislation, not describes entirely in accordance with the traditional four elements of theory, but deals in two parts-- theoretical research into money laundering and criminal legislative studies, respectively, of which the subjective intent, behavior, the main scope of crime, punishment, etc. are discussed.The first part focuses on the controversy of the crime of money laundering. Makes criminal elements of the crime of money laundering as the basis of the theoretical,divides into four sections to analysis --"knowing", "stage of money laundering," " whether predicate offenses constitutes the subject of money laundering ", " money-laundering conduct in financial institutions ". In the opening part, makes Wu Wenyan criminal cases of money-laundering in Jiangxi province as a primer, raises questions, and through the analysis of " knowing " and the extent ofknowing, further proposes to abolish "knowing" in rticles in the Criminal Law and in the condition of not violate the principal of a legally prescribed punishment for a specified, to penalties the should know and may know criminals; Take Wangzhao money-laundering case for example, proceeds from the crime of money laundering behaviour, to analysis if the behavior of the three stages of money laundering, re-investment and acquisition and transfer etc whether can convict separately.In the aspect of whether predicate offenses can constitute principal crime, the third part of this chapter, to contrast the main body of money-laundering offenses enumerated in international criminal law and major countries'criminal law, and then analysis from the view of impunibilis and absorbable offense; Because financial institutions play a huge role in the field of anti-money laundering, in the fourth part of this chapter, Focuses on the problem of the subjective aspects for financial institutions to commit principal crime, by dividing it's subjective aspect into three parts: financial institutions'negligence, intentionally and indirect intent, then analysis the subjective sin of financial institutions which is a major regulatory authorities and major means of money laundering.The second part focuses on the existing problems in criminal law provisions against money laundering. Since China's current criminal law on the crime of money laundering regulation is not complete, resulted in money laundering is very difficult to apply in judicial practice, even up to 2004 appeared Wang Zhao-money-laundering case finalized to money laundering, this is seriously inconsistent with China's capital massive outflow, and in recent years, despite the increase in cases of money laundering, however, compare with the booty crime, financial crime and other social harm of the offense, there still have a big gap between the number of cases. First quarter according to the provisions of the criminal law, the criminal law for money laundering crime are listed in the "other" behavior. And through defining the connotation and analysis of the on the trial of money laundering the concrete application of law in criminal cases of the interpretations, the connotation of "other" means more clear, definite, convenient and judicial application. The second section through the comparison with the traditional loot crime will expand the scope of the crime of money laundering itself, for the crime of money-laundering crime born stolen from itself and it is the traditional form new loot crime, The scope of the crime itself with traditional crime should be stolen and breadth of the similarity. Although our country criminal law and criminal law amendment to the crime of laundering of the expansion, but compared with the traditional loot crime is still far. The third quarter for the above discussion on this problem, through the comparison with foreign criminal punishment on the money laundering provisions to understand China's law of the connotation of "serious".The third part: conclusion...