The Constitutive Elements And Legislation Perfection Of Money Laundering Crime

In modern society, the economic boundary is getting blurred and the transnational capital flows frequently. The crime of money laundering has become a hot topic in the world. Its harm becomes more and more serious. In recent years, China has established its own legal system of anti-money laundering, but it still needs perfection through domestic legislation and international cooperation. Therefore, based on the theory of criminal law and legislation principles, this thesis reviews the historical background and process of domestic and foreign anti-money laundering legislation, analyzes some issues related to money -laundering crime, probes into the some theoretical and practical controversies, and makes some suggestions to the perfection of the criminal law.There are three parts in this thesis except introduction and conclusion. In the first part, I research and compare the international conventions, regional organizations and foreign anti-money laundering legislation, which including anti-money laundering provisions in the UN convention, Europe and the America regional law, and the criminal legislation of United Kingdom, United States, France, etc.In the second part, a concrete discussion concerning the constitutive elements of money laundry crime based on our current legislation is provided. On objects of the crime of money laundering, the Illegal income and its profit of six categories of crimes are discussed. In further discussion, two disputable problems are explored:whether the object of the crime of money laundering should be limited to money, and whether illegal income refers only to the proceeds of crime. Besides five manners of the objective elements of the crime of money laundering are analysised, whether the nonfeasance should be a part of money laundering crime is also discussed. On the subjective elements of money laundering crime, whether the indirect intention should be the subjective aspect of the crime, and the disputable problem of the definition of awareness are further discussed. On the offenders of money laundering crime, whether the unit should be the offenders of the offenders of money laundering crime and should the upstream crime offenders be the the offenders of money laundering crime are discussed.In the last part, on the basis of comparison of the crime of money laundering and similar crimes and the performances of international convention obligations, three suggestions are provided. First, range of the objects of the money laundering crime should be enlarged. In order to increase the efficiency against money laundering crime, advanced international legislative experience should be adopted. Upstream crime range should be enlarged as much as possible, if the judicial condition allowed.The intension and extension of the six categories of upstream crimes in china are far from the provisions of the related convention, and the related criminal legislation is in need of improvement.Second, increasing of the manners of the money laundering offenses are needed. Seven manners are provided in related international criminal law. These manners are independent and related to each other closely and cover every manners well. So these seven manners should be provided in China's criminal law. To be specific, obtain, procession and using should be added first. Second, the application scope of conversion and transfer should be flexible. Third, the subject elements of the money laundering offenses should be revised. In order to improve the subject elements of money laundering crimes, the constitution of money laundering crimes should be turned from intent crime to informed crime, so as to enlarge the range of money laundering crimes.Under the Condition of the globalization and integration of economy, technology, the legal control of money laundering crimes is an important field in international laws and domestic laws. Through the multi-level international corporation, with the effort to establish interaction of legal mechanism between international laws and domestic laws, money laundering crimes could be effectively attacked.