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Comparative Study On Money Laundering Between Domestic And Overseas

Posted on:2020-12-27Degree:MasterType:Thesis
Country:ChinaCandidate:L HanFull Text:PDF
GTID:2416330602455638Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Nowadays,with the continuous development of economic globalization,the crime of money laundering by derivative products is increasingly rampant.The crime of money laundering is extremely harmful,which not only endangers China's transaction security and financial development,but also affects the stability and security of the country and society.Especially in recent years,there have been special groups for the crime of money laundering,with clear division of labor among people and various means,as well as various ways to avoid crimes.Therefore,the crime of money laundering is also the focus of domestic and foreign laws,and it is very important for us to study the crime of money laundering.The crime of money laundering is not a quick move,but a crime that can only be completed after a period of time.For this crime,our country's criminal law has a set of systematic provisions,but for the current stage of our country's money laundering crime,there are still many deficiencies,this paper through the crime of money laundering domestic legislation and foreign legislation,draw corresponding conclusions,also put forward constructive Suggestions for the further improvement of the crime of money laundering.The research on the crime of money laundering in this paper is divided into five parts:The first part gives a general overview of the crime of money laundering.Firstly,it expounds the general situation of the legislation of the crime of money laundering in our country,including the concept,characteristics,elements,etc.,and makes a macro grasp of the crime of money laundering in our country.Then it makes a detailed analysis on the identification of the crime of money laundering,and a systematic analysis on how to define the subjective and objective aspects of the crime of money laundering.Finally,it expounds the shortcomings of the legislation of the crime of money laundering in China in several aspects and analyzes it to a certain extent.The second part enumerates and sorts out the current situation of the legislation of money laundering crime in foreign countries.Through a certain degree of statement on the provisions of the crime of money laundering in several countries such as Britain,France and the United States as well as international legislation,this paper studies the historical evolution of the crime of money laundering in their own countries and analyzes the generation and development of the crime of money laundering.For Britain and France with a long history,the United States with the most developed economy and the highest drug sales,and Germany with the civil law system,four countries and four types have their own legislative characteristics.The third part is a comparative study on the legislation of money laundering crime at home and abroad.Firstly,it is necessary to define the subject to a certain extent.In the process of perfecting the crime of money laundering in China,it is necessary to firstly perfect the scope of the subject,expand the scope of the subject to a certain extent,and modify the scope of the upstream crime to a certain extent.The second is the definition of the object of the crime.There are some differences in the determination of the final scope of the crime of money laundering at home and abroad.The third is the difference in the manifestation of the behavior object.The legislation of our country is different from that of other countries in terms of whether or not the object of action is differentiated.Finally,there are differences in behavior.China's legislation should be in line with international legislation,and adopt the advantages of international legislation and other countries' legislation,and adapt to the international situation.Finally,the subjective and objective elements of the crime of money laundering should be improved and filled to a certain extent to make up for the deficiencies of the previous legislation,so as to lay a foundation for the perfection of the legislation in our country.The fourth part,through the analysis of several countries and international legislation,makes a detailed comparison of the advantages and disadvantages of the crime of money laundering in China,and points out the advantages and disadvantages of the crime of money laundering in China's legislation.The first is the perfection of the scope of definition,the second is the perfection of the subjective aspect and the third is the perfection of the objective aspect.Finally,the paper analyzes the significance of perfecting the legislation of the crime of money laundering in China,and points out that the improvement of the crime of money laundering is to effectively prevent crime,to control the stable development of China's economy and society,to control corruption,to establish the image of China's government and to the construction of international economic order.As a kind of economical crime,money laundering is an important crime that affects the economic operation of our society.This kind of crime not only takes root in our country,but also moves back and forth among the international community,which has a bad influence on the international economy.As the laws of different countries are different,so the crime of money laundering has an opportunity.Fortunately,the international community,as well as our country,has gained a deep understanding of this crime and has begun to take preventive measures.In our country,we must have a deeper understanding of the crime of money laundering.We must realize the legislative advantages and disadvantages of the crime of money laundering in our country,and find out the existing problems while making a horizontal comparison with foreign laws.The legislation of money laundering crime in our country is not enough to deal with all the problems of today.Therefore,our country should further strengthen the research on the crime of money laundering,improve our country's legislation and judicature on this aspect,so as to have more methods to deal with such problems,promote the development of our country's economy and social stability,and produce greater help to our country's legal research work.
Keywords/Search Tags:Fund Transfer, Illegal Income, Upstream Crime, Anti Money Laundering, International Organization
PDF Full Text Request
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