| With the development of the times,the connotation of money laundering is constantly rich,and it is constantly improving.This paper selection three dispute points identified in the sin of laundering,that is,the striking of the striking of money is identified,the upper reaches of money laundering "Crime" connotation identification,as well as the identification of the subjective aspects of money laundering,and attempts Propose a certain perfect path or solution.In the first chapter,this paper will talk about the legislation of money laundering,combating the legal development of legal development,to meet the standards of international treaties and more effectively combat my country and the international money laundering crime,my country has repeatedly revised money laundering..In the first chapter,the legislation of money on money laundering has been compared with the domain-outfit law,which is learned from some experiences for my country.In the last section of the first chapter,this paper proposes three dispute points discussed separately from the following.The second chapter will discuss the first core issue of this article,that is,the impact of the contents of the scriptures of money laundering.This problem focuses on the problem of laundering crimes in the judicial interpretation.This article believes that the terms of the leaflet itself have a fuzzy characteristic,and the explanation should follow the homogeneity theory.The relevant judicial interpretation should pay attention to the modality of criminal law,the judicial interpret should only have the function of explaining,and should not replace the legislation,while The judicial interpretation should have clearness.The second section of this chapter and the third quarter will discuss two aspects of the judicial interpretation of the laundering crimes as the manner of the way.The second section pointed out that the judicial interpretation of the leaflet has a violation of homogeneous interpretation theory to expand the connotation of criminal law.The third section pointed out that the judicial interpretation of the leaflet also has another floor terms,which makes the judicial explanation deficiency,but due to the constant refurbishment of money laundering,the clearness of the criminal law has a certain contradiction.The third chapter discusses the second core problem of this paper,that is,the controversy of "crime" connotation in the upper reaches of money.Although the upstream crime is named "crime",there is a connotation of "criminal facts".This is in line with my country’s strengthening strikes in money laundering,and my country’s international obligations.However,there is also a suspicion of the legislative power of the Judicial Interpretation.This paper believes that "crime" connotation should be expanded,but it should also pay attention to the modification of criminal law,and should also take crime theory.The fourth chapter leads out the discussion of the last problem of money laundering,that is,the changes in the subjective aspects of money laundering.Before the promulgation of "sentence(eleven)",there is a lot of controversy.Its dispute is mainly focused on how the "know" should be determined,whether it should be identified as a purpose,whether money laundering shall include indirect intentional crimes.After being deleted,the identification of the subjective aspects of money laundering is also changed.This article will select several problems with current disputes,namely,whether to make money,the second,laundering of the sin,why is it deliberately containing indirect deliberation,and the future is necessary to lose money?Incorporate the sin of money laundering,third,delete "Know" Essence,whether the subject of money launches will change,and which changes will change,how to apply in judicial. |