Discussion On The Judicial Cognizance And Money Laundering Crime Legislation Of Our Country

Money laundering crime, that is to conceal or cover up crime of the floorboard of thecrime. This article mainly aims at money laundering crime in our country in judicial andlegislation in the dispute was expounded. This paper introduces the foreign legislation andlegislative process of our country.In the second chapter of the judicial recognition, stood inthe judicial recognition from the Angle of laundering objective aspect, the main bodyelements and subjective aspect of the problem existing in the controversial theory in thisarticle. Crime objective aspect, the provisions of the criminal law for the seven such upstreamcrime the specific scope are discussed in this paper. According to not pure not as violates thetheory, because the criminal law is not about money laundering provisions subject specificobligations, therefore our country money laundering crime for not including not as a way.Article191in accordance with the "help" and "help" and "knowledge" of the rules can beconcluded that the upstream crime and no will make the original included. In the crimesubjective aspect of discussion, think money laundering crime in our country is includingindirect intentional,, and made clear in the criminal law of the word "knowledge" content andthe determination of the standard. In the third chapter deals with the money laundering crimelegislation of the deficiencies, money laundering crime subject did not include the originalmade, and the negative its "upstream crime" made this a sex is destroyed sin, theresponsibility, the balance between punishment; Narrow way, not the maximum range coverslive crime of laundering behavior; The upstream crime area is limited, limited to expand thescope of money laundering crime has practical necessity upstream and logical. Finally, thisarticle in view of the above three aspects constitute the elements of the legislation shortageputs forward legislative perfect recommendations, the contents include the upstream crimecommitted as article191of criminal law of the main body of the money laundering crimemake clear a regulation, increase the way money laundering, according to the judicial practicein China’s actual conditions appropriate to expand the scope of the upstream crime.