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On Governing Money Laundering By Criminal Law In China Under The Cyber Content In The Networked Era

Posted on:2021-07-27Degree:MasterType:Thesis
Country:ChinaCandidate:H S WangFull Text:PDF
GTID:2506306197452154Subject:The legal profession
Abstract/Summary:
In the network context,the traditional money laundering crime has changed in the network space,and it needs to reconsider the regulation of criminal law.Determine money laundering network,how to better regulate such behavior,they point to China’s "criminal law" the lack of money laundering related to explain,therefore,in the perspective of Internet money laundering crime problem research money laundering crime criminal law,and from the aspects of criminal law dogmatics further explanation on money laundering,and money laundering crime and traditional crime of money laundering money laundering regulation network,has a certain theoretical exploration and practical guiding significance.Network laundering crime along with the rise of network context,a lot of on the basis of the reality space theory of punishment law said,in a traditional crime to cyberspace crime circumstances occurred in the evolution of the increase,with the change of content of using network to money laundering crime judicial cognizance in the process of criminal behavior illegality,constitutive requirements,responsibility,elements and so on all need rethinking.At present our country in judicial practice and the lack of deep research of Internet money laundering crime punishment law theory,the network of money laundering crime judicial cognizance question to help behavior in behavioral objects,cyber crime as the key research content of subjects’ criticism possibility,such as in the traditional money laundering crime behavior object is securities,cash,and network in the money laundering crime behavior object may be a computer data,if the court only with the theory of traditional crime of money laundering,explain and apply absence leads to money laundering.The current financial anti-money laundering discipline research lacks the criminal law theory support.According to the statistical analysis of the number of criminal judgments in Our country,the number of judgments in the case originated from the crime of money laundering is far less than the number of judgments in the case originated from the upstream crime of money laundering,which may be caused by further questioning the degree of the regulation on the crime of money laundering.The research on the criminal regulation of money laundering crime in the context of networkin China is to draw lessons from the advanced experience outside China,so as to carry out effective criminal regulation of complex Internet money laundering crime in the future.The research results are forward-looking and of practical significance.
Keywords/Search Tags:Cybercrime, Upstream crimes, Internet money laundering, Money laundering, Behavior object
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