Dissertation
Dissertation > Political, legal > Legal > Chinese law > Criminal law > Sub-rule > Destruction of the socialist market economic order crime

Crime of legislative interpretation of money laundering

Author YangKaiQin
Tutor LiJian
School Southwest University of Political Science
Course Legal
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
CLC D924.33
Type Master's thesis
Year 2007
Downloads 185
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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!

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