Study On The Relationship Between Money Laundering And The Crime Of Covering Or Concealing Criminal Gains And Incomes

Both at home and in the international society, money laundering is one kind ofcrimes which is very harmful to the society. And in recent years this kind of crime hasincreased so rampantly that the part of predicate offences and the incomes areunpunished, and the incomes are spent lavishly by criminals in legitimate form. Inorder to prevent crime of money laundering, it is necessary to conduct an in-depthresearch on the crime of money laundering. In many problems of the crime of moneylaundering, the research in academia is merely focus on the single crime of moneylaundering rather than conducting a comprehensive research on the crime of moneylaundering and the related crimes. This thesis will make a horizontal comparisonbetween the crime of money laundering and the crime of covering or concealingcriminal gains and incomes to explore money laundering crime in our country.Comparing these two kinds of crimes and defining the accurate relationship betweenthem, the author considers that all the viewpoints in the academic and judicial practicecannot reach an agreement on the relationship between these two kinds of crimesthrough the comparison between the constitutive requirements and other aspects. Injudicial practice, there exists a dilemma that how to deal with these two kinds ofcrimes. Discussions in theory and the problems on selecting in judicial practice cannotmake the relevant laws and regulations give full play to prevent these crimes in ourcountry. Therefore, in this thesis, the author will give a review on the theories of thesetwo crimes, combining with the current criminal legislations in our country to analyzethe relation between these two crimes in the perspective of preventing the crime ofmoney laundering effectively in reality level, and then further explores how toaccurately deal with the relationship between these two crimes in ought to be level.Specifically, in addition to the introduction and conclusion, the thesis is composedof three parts:The first part is a brief review of the crime of money laundering and the crime ofcovering or concealing criminal gains and incomes. More specifically, this part is composed of two parts, the first part is a brief review of the crime of moneylaundering, the second part is a brief review of the crime of covering or concealingcriminal gains and incomes. Each small part is respectively a brief overview of thetwo crimes, which explains the reasons and related elements of these two crimes.The second part is a brief illustration on the theories of the relationship betweenthese two crimes in the current academic field. This part consists of three parts whichrespectively introduces the three theories of the relations between these two crimes,after the brief introduction the author expresses how to deal with these two crimescorrectly in reality level.The third part is the main body of this thesis, which specifically explains the reasonwhy the author advocates to the overlapping relationship between the two articles oflaw. This part is made up of four sections. The first section analyzes the developmenttendency of the crime of money laundering in international society, which serves as areference for the crime of money laundering in China. The second section explains thereason why we regard the crime of covering or concealing criminal gains and incomesas the crime of money laundering in broad sense by the interpretation of the changesof legislation in domestic. The third section is an analysis of the related judicialexplanation and discovers the tendency of the overlapping relationship between thesetwo articles of law on these two crimes. The fourth section makes a further analysis ofthe constitutive requirements of these two crimes and explains why to advocate theoverlapping relationship between the articles of law of these two crimes in aspect ofconstitution of a crime.