| The'"money laundering crime" belonging to a consequential or a behavioral offence is still controversial in criminal law educational world, and the author supports the theory of behavioral offence. The activities of "money laundering crime" often need the doer carry out a series of complicated process to legalize the illegal income. Once appearing "the results of legitimating" the activities of "money laundering crime" have caused serious violations to the country's financial order. Therefore, the judiciary will be essential to protect the object which is infringed by the money laundering crime to early behavioral phase in advance.So the "money laundering crime" belongs to a behavioral offence. The data collected by the author in the study of basic theories about money laundering behavior is very limited, and these disadvantages makes the concept of "money laundering behavior" which is the center of money laundering crime is not complete elaboration. All of these will be failed to get effectively prevent and strike against money laundering crime. This topic research do the study in the money laundering crime by basis of behavioral offence which the money laundering crime belongs to. In the research the author attempts to use a new angle——"the understanding of behavior in the money laundering crime", in order to reinterpret the money laundering crime. In the meantime, the research has certain practical significance to the punishment fits the crime. Finally we can solve the all sorts of confusion which may appear in the judicial practice.The report can be divided into three chapters removing the quotes and full conclusion. The first chapter introduces the behavior characteristics of the money laundering crime. This part is the basis and prerequisite of the whole report. The author puts forward the key concept of "money laundering behavior of the money laundering crime". In addition, the author gets the two basic forms of "mask" and "conceal" in the money laundering crime. At the same time, the author summarizes the two features of the money laundering crime——"the feature of the target" and "the feature of the behavior". And the author makes a distinction between the money laundering crime, the hide concealing criminal crime proceeds from sin, and the t perjury. Thus we can define the characteristics of money laundering behavior in the money laundering crime clearly. The second chapter introduces the understanding of specific money laundering behaviors. This part is also the key in the report. The author tries to specify the five sections in the criminal law into three parts in the report, and summarizes the behaviors of the three types by defining what behavior of concrete including in money laundering crime. This part clears and definites the boundary in the various modes of conduct, and analyze these often circumstances of money laundering behavior combined with judicial practice.The third chapter introduces the legislative proposals of money laundering behavior. In this chapter through the understanding of money laundering behavior in the money laundering crime, learning from foreign advanced legislative idea, the existing laws in foreign countries, and combining with the actual conditions of our country, the author probes the legislative proposals of money laundering behavior in the judicial practice from the perspectives of legislation. The author thinks that we should create the behavioral pattern of the nonfeasance, and enlarge the behavioral pattern, etc. |