Font Size: a A A

The Research Of Money Laundering Crime

Posted on:2013-12-12Degree:MasterType:Thesis
Country:ChinaCandidate:Y W ZhouFull Text:PDF
GTID:2256330425450411Subject:Punishment law
Abstract/Summary:PDF Full Text Request
Article191st of the criminal law on the crime of money laundering regulations after theamendment of criminal law (3) and (6)complement becomes increasingly faultless, butdisputes still exist about the components of money laundering crime and upstream crime.Therefore, in-depth research of money laundering crime has important theoretical significanceand practical value.This article mainly contains3parts: the concept of money laundering and historicalevolution, four constitutive requirements of money laundering crime, shortages andrevolutions to money laundering crime legislation.Part one introduces the concept of money laundering crime and the historicaldevelopment. First introduces the definition and characteristics of money laundering behavior,combined with several points of view to the concept of money laundering crime in ourcountry criminal law circles, and according to the international practice on the definition ofmoney laundering crime, the concept is analyzed. Then, through the introduction to twomodifications of the criminal law and the issue of anti money laundering law, historicaldevelopment context of the anti money laundering legislation is described, which is fromscratch, simple to complex.Part two mainly contains analysis on the four constitutions of money laundering crime.The author believes that, the current criminal law for laundering of the provisions of theconstitutive requirements are somewhat unreasonable, and several disrupted things exist withanti money laundering judicial practice and international trend of legislation. On the basis ofanalysis on the money laundering crime constitutive requirements, the author explains aboutthe subject range of money laundering crime, how to understand money laundering crimesubjective aspects of "clearly know", and money laundering crime objective behavior style.The author thinks that, as the development of social economy, money laundering crime hasthe serious influence to the stability and safety of the financial order. Money laundering crimesubjective elements of limit first influences the judicial practice of money laundering crimecrackdown, shall make appropriate to relax. Second Chinese present criminal law system formoney laundering crime objective behavior focused on conversion, does not cover the threestages of money laundering behavior should be redesigned. Again, the crime of moneylaundering crime subject should include upstream offender, this and the traditional criminaltheory is not punishment afterwards do not conflict. Part three mainly elaborates money laundering crime legislation deficiency in ourcountry. Money laundering crime subjective scope and upstream crime is too narrow, as wellas the money laundering crime objective behavior range is undistributed. Then, according tothe international anti money laundering practices, combined with the actual needs of thestruggle against money laundering, the author puts forward some legislative suggestions ofmoney laundering crime.
Keywords/Search Tags:Money Laundering Crime, Constitutive Requirement, Upstream Crime, Legislation
PDF Full Text Request
Related items