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A Study On The Crime Of Money Laundering

Posted on:2015-05-12Degree:MasterType:Thesis
Country:ChinaCandidate:H TangFull Text:PDF
GTID:2176330467488669Subject:Law
Abstract/Summary:PDF Full Text Request
At present, with the increasing of the drug-related crimes and the crimes committed by smugglers and crimes of financial fraud, the crime of money laundering also show a tendency of expansion. Correspondingly, the prompt progress of the international criminal regulations of the crime of money laundering has become attractive within the international socity,and it has also played an important role to push the development of the legislation, justice and theories of criminal law. As a result of the serious affect of the crime of money laundering on our socity, In order to combat the crime of money laundering more effectively, the legislation of anti money laundering has been carried in2006year. However regulations of the crime of money laundering have been added into Criminal Law of People’s Republic of China,and some discussion has also been carried. Due to the restriction of different conditions, it is still in need to do some studies on questions and issues relating to the crime of money laundering in a broader and deeper point of view.Without this,it will bring difficulties and problems in punishing and frustrating the crime of money laundering in practice, and makting progress in theories.one of the consequences is that defendants are seldom convicted as the crime of money laundering. So this thesis will try to make a comprehensive study on the Several problems of the crime of money laundering, Combined with the theory of criminal law, in accordance with the relevant provisions of international law and domestic law, in order to get some new cognition on the crime of money laundering from theTheoretically and practically.There are5sectors in this thesis, except the introduction and conclusion.The first sector"money laundering crime ", it is introduced some basic information about money laundering including the definition of the crime of money laundering,the limitation of charge by the upstream crimes,so suggest that that the scope of upstream crime of the money laundering enlarge and on the crime of money laundering charges unified conviction for money laundering.The second sector "money laundering behavior factor", Including the crime of money laundering behavior, a distinction must be made between cover andconcealment, nonfeasance can be contained in the crime of money laundering.The third sector"the subjective elements of the crime of money laundering",due to the "knowing" elements, the subjective elements of the crime of money laundering include the indirect intent.The fourth sector"the accomplished offence of Money laundering crime",It includes accomplishment of crime and discriminatethes boundaries of the accomplished offense and the attempted crime of money laundering.The last sector"International cooperation in combating the crime of money laundering", including the legal basis of international cooperation, the international cooperation against money laundering practice in China, author gave the legislative and judicial suggestions for continuing to strengthen this cooperation.
Keywords/Search Tags:money laundering, crime of money laundering, criminal constitution, international cooperation
PDF Full Text Request
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