The Study On The Crime Of Money Laundering

The crime of money laundering is a kind of international crime which has great amounts involved and has caused great harm to the economy security of every country over the world. And it becomes increasingly intense these years which results in more difficulties in fighting this crime. Then, the author does the research on this crime between China and other countries by using the comparative research method. Based on this, the author puts forward his own views on the constitution, judicial cognizance and legislative perfection of this crime by using the demonstration method by inference from the theoretical and practical angle. This thesis is divided into four parts besides the introduction and epilogue.Part I: The introduction to the crime of money laundering. The author points out that there are there characteristics. They are: the crime of money laundering becomes increasingly intense, the place of committing this crime is concentrated and the means of money laundering are various. Second, the author points out the changing trends with this crime. They are: this crime has permeated the inland areas from costal areas, has permeated the non-banking institution from banking institution, and has permeated to world from mainland. Meanwhile, the author puts forward his comments on the evolution of this crime.Part II: The definition and constitution of the crime of money laundering. This is the key part of this thesis. The author firstly gives his definition of the crime of money laundering by introducing other contentious definitions of this crime. Then the author analyses the constitution of the crime of money laundering in the order of criminal object, criminal facts, and subject of crime and subject facts. The author points out that the crime of money laundering has multiple criminal objects and the disrupted order of the financial administration is the main criminal object. The author also analyses the upstream crimes, profits from this crime and tracks of this crime, from which the author has following conclusions: the subjects of this crime should include the subjects of the upstream crimes; the subject facts of this crime should be direction intent by combining cognition element and will element.Part III: The judicial cognizance of the crime of money laundering. The author points out that we should combine four aspects, which are subject facts, tracks, object and the sums of this crime to distinguish the crime of money laundering from a normal behavior. At the same time, the author differentiates and analyses some confused issues in the process of cognition. As regard to the cognition of the crime of money laundering and other crimes, the author distinguish three other crimes, which is, the crime of concealing booties, the crimes of harboring, diverting and concealing the drug and money resulting from drug offenses, the crime of perjury, from the crime of money laundering. The author points out that we should use comprehensive analysis in the process of cognition by combining the constitution of this crime.Part IV: The legislative perfection of the crime of money laundering. The author puts forward his improvement suggestions on the crime of money laundering at the criminal legislation level. The author points out that the scopes of the upstream crimes of this crime should be enlarged to coordinate the law of anti-money laundering. The author puts forward following suggestions: to replace the terms of criminal gains with illegal gains; to increase the form of sin of omission into this crime, to enlarge the subjects of this crime with the subjects of the upstream crimes and to enlarge the subject facts with indirect intent and conditional negligence.