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The Protection Of Legal Interest Of Criminal Code Of Money Laundering

Posted on:2023-05-24Degree:MasterType:Thesis
Country:ChinaCandidate:L L MengFull Text:PDF
GTID:2556307037477554Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Although the crime of money laundering has existed for nearly half a century,the protection of legal interest of the crime of money laundering is still a controversial topic in the world.Different anti-money laundering conventions have different norms for legislative reasons and protection of legal interests,and the positioning of money laundering crime in the criminal law system of each country is not exactly the same,the criminal law scholars in different countries have different opinions on this issue.Since 1997,when Article 191 of the crime of money laundering was formally set up in the revised criminal code,the debate on why the crime of money laundering protects legal interests has never stopped."it is impossible to formulate and apply the norms of crime correctly without ‘understanding the nature of Crime’".Legal interest is an important theoretical tool to help understand the nature of crime,which embodies the essence of crime,also is the modern criminal law delimits the crime and the non-crime and this crime and the other crime’s attention key point.The purpose of this paper is to provide a feasible thinking direction for the legal interest of money laundering crime by studying the theories and norms related to the legal interest of money laundering crime at home and abroad.The first part of this article is the money laundering crime protection legal interest related content basic elaboration.The second part clarifies the basic point of the article,that is,the protection of legal interests of money laundering crime should be the normal activities of the judiciary,in the third part,the author proves the view that the normal activities of judicial organs as the crime of money laundering protect the legal interests.Including two levels: theoretical level and normative level;the fourth part attempts to respond to the normal activities of the judiciary as a money-laundering crime to protect legal interests in the money-laundering crime may cause a series of challenges since the criminalization of money-laundering,including the possible violation of the theory of post-impunity,conflict with the theory of the expected possibility,as well as stolen goods crime should be how to deal with such issues;finally,express the expectation that there may be effective ways to combat money-laundering other than imprisonment.
Keywords/Search Tags:Money Laundering Crime, legal interest, financial management order theory, state confiscation system
PDF Full Text Request
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