Studying On The Controversial Issues Of Money Laundering Crime

In Our country,the dispute of the scope of the crime of money laundering has a long history.The scope of upstream crimes of money laundering crime stipulated in Criminal Law is in line with practical needs,so there is no need to expand.The general property crime carried out in the form of mafia-like organization and terrorist activities should be included in the upstream crime of money laundering.The duty crime of non-state staff is different from the crime of corruption and bribery,so it should not be regarded as the upstream crime of money laundering.The proceeds and proceeds of upstream crime are the objects of money laundering crime,which is of great significance to the determination of money laundering crime.Income from a crime includes property acquired directly as a result of a crime and remuneration from a crime.The proceeds of crime include the fruits derived from the treatment of the proceeds of crime and the proceeds of investment and operation.Money laundering should be characterized by concealment and concealment without financial characteristics.In the identification of money laundering,it is necessary to consider whether the behavior of "providing fund account" has the characteristics of concealment and concealment."Criminal Law amendment(11)" has deleted the expression of "assistance",and the subject of money laundering crime includes the original criminal of upstream crime.Self-money laundering behavior and upstream criminal behavior conform to different criminal constitution and should be punished together with several upstream crimes.However,circumstances of imagined concursion are not excluded,in which case the penalty shall be a felony.In addition,in terms of subjective elements,the subjective intent of money laundering crime includes direct intent and indirect intent."Knowing" was deleted,but in the case of money laundering he still had to prove "knowing".The crime of money laundering is closely related to the crime of concealing and concealing the proceeds of crime and the crime of harboring,transferring and concealing drugs and stolen drugs.The author mainly analyzes the differences from the constitutive elements and clarifies the relationship between similar crimes.