Crime of legislative interpretation of money laundering
|School||Southwest University of Political Science|
|Keywords||The crime of money-laundering Crime of money laundering Predicate offenses Illegal income Corruption and bribery Drug-related crimes. Money laundering Mafia Smuggling crimes Organized crime|
The money-laundering has become a global problem. The crime of money-laundering, which established in the Chinese criminal law of 1997,has been amended on Dec,9,2001 and on June,29,2006.All the legislation are the effective journal sustains for the fight against money-laundering. With the globalization of the economic, the crime of money-laundering appears new trend. Thus, it is very urgent to make our research to this problem. This paper, studying the crime of money-laundering by the criminology was written in 5 parts:The first part: forward. This part, the writer gives the definition of money-laundering, and presents the definition of money-laundering in some international conventions, some countries and areas meanwhile, the writer draws her own opinion on the definition.The second part: judicatory concludes of money-laundering. Firstly, the writer confirms the scope of the upstream aspect about the crime of money-laundering. Secondly, the writer introduces how to confirm the objective aspect about the crime of money-laundering, and discusses it from two different aspects: the crime of money-laundering whether can be done with no-actions; the crime of money-laundering whether found through the laundering of the upstream criminal, who is laundering the earnings from the upstream crime. Thirdly, the writer introduces how to compare the crime of money-laundering with other related crimes.The third part: the current situation of legislation about the crime of money-laundering. In this part, the writer makes a detailed introduction: from how to deal with the problem of money-laundering in the law of 1979; to the first legislation about hold the action of money-laundering as crime; and to the confirmation and varies about the crime of money-laundering in the process of the law-amending; at last to the perfection about the crime of money-laundering in Amended criminal law six on June, 29, 2006.The fourth part: the flaw of legislation of the crime of money-laundering, and how to perfect it. In this part, the writer makes a systematical introduction from four aspects. Firstly, the scope of the upstream crimes is very narrow; we should enlarge the scope of the upstream crimes suitably. Secondly, the confirmation about the criminal is a hinder to deal with crime; we should enlarge the scope of the criminal. Thirdly, the regulations about the mode of actions is a hinder to international cooperation, we should increase the mode of actions. At last, the writer thinks the classification of the crime of money-laundering is not very right; we should adjust it to the crime of judicatory-impairing.The fifth part: the end. The fighting to the crime of money-laundering is a complicated social problem, it referred many fields, conclude law, finance, commerce, diplomacy and so on. So we should make deeper research to the crime of money-laundering, and move all the strength from every fields, and strengthen the cooperation, share the information!