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

Money laundering is a new crime which begins late but develops rapidly in ourcountry. Chinese anti money laundering legislation process with obvious internationaltreaty codifying brand. Due to lacking practical experience and with the impact ofinternational anti money laundering organizations and treaties, money laundering haschanged from1997to the criminal law amendment (six), adapting to thecharacteristics of the international anti money laundering legislation standard andcompleting the task of international treaty. However, it is worth noting that moneylaundering seems to have “violation” of another crime. The crime of covering orconcealing criminal gains and incomes has similar to money laundering in theelements and expression, so the relationship between money laundering and the crimeof covering or concealing criminal gains and incomes attracted scholars discusswarmly. Scholars have not a unified conclusion for the two crimes, but most scholarshold the concurrence of articles of law point of view, but there are still some scholarsbelieving that the two crimes have completely difference. Article explains thedifferent modes of the two charges and foreign legislation, pointing out that two ofthe fractional mode when drawing extraterritorial legislation againstmoney-laundering legislation should be noted that the problem of consolidation. Onthe relationship between two crimes, the article summarized the clauses ofconcurrence crux logical thinking commentators, indicating the position of therelationship between two disparate crime while under the guidance of two disparateideas Criminally way to distinguish the definition.The article first foreign legislative models to compare the two, pointing out thatthe presence of two points on the one hand the positive legislative model to meet theinternational standards, but on the other hand did not abandon the two crimesbreakdown of traditional systems of different sections, resulting in a first stage, thePenal Code191and Article312of the situation is difficult to distinguish from eachother entanglements. Study of relation between the two crimes is the key of the paper. The second partcompares to distinguish the two crimes from the angle of the constituting elements,and points out the limitations and contradictions of the concurrence of articles of law.And then expounds the author’s point of view that two crimes are correlated butcounts two completely different.Then the paper renews the differences between two crimes and points out thatthe boundary of money laundering and crime of covering or concealing criminal gainsand incomes conceal.Finally, the paper expounds the argument, and points out the problems for thetwo crimes still existing. To comply with the money laundering internationallegislation trend and maintain internal logical consistency of penal code, moneylaundering still have the perfect space.