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Research on the Comparison of "Money Laundering" Legislation at Home and Abroad

Author: YangShuLin
Tutor: WangLi
School: Southwestern University
Course: Civil and Commercial Law
Keywords: Money laundering Crime Norm of Criminal law Constitutive Elements of a Crime Comparison
CLC: D914
Type: Master's thesis
Year: 2007
Downloads: 302
Quote: 1
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Abstract


In the process of fighting with the organized criminals, the international society gradually realized the severe hazardness of money laundering and they came to an understanding that they had to see it not as domestic crime but as international crime, and they had to act together in the aspect of counter-money laundering criminal legislation, and judicial system to jointly combat transnational crime of money laundering. Some related international organization drew up rules of great influence, which not only made contribution to the development and innovation of international counter-money laundering law systems, but also had a positive effect on and set an example for the domestic law making, development of counter-money laundering as well as other legislations. Some developed countries in North America and Europe like America, the United Kingdom, Italy, France, and Germany played a leading role in this field. The counter-money laundering legislations and norms have pioneering and representative significance. With China opening up to the outside world, the situation becomes more and more serious. Meeting this challenge, the Chinese government has been experiencing a long term progress, from incognizance to understanding to the outcome of relevant penal code provisions to the criminal legislation of money laundering. This essay analyzes and compares the constituent elements of money laundering, pointing out their differences as well as sameness. The samenesses are : 1 .the object of money laundering prescribes gains from drug crime; 2. the essentially comprising act is regarded as feasance mode; 3. Natural person can be the subject of money laundering, and the offense in essence and the offence can be generally be constituted as the subject of money laundering; 4. the subjective essentials are intent actions. The differences are: a. the object of money laundering in some countries not only includes gains from drug crime but also includes other specific crime gains; b. the comprising acts also includes nonfeasance mode; c. the subject of crime includes legal person, and the subject of original crime is included in the subject of money laundering; d. the legislation of unintentional crime of money laundering. The followings are my comprehensions of the three constituent elements of money laundering crime: the fist object of money laundering is not necessarily the financial order; the unintentional crime should be included in the subjective elements; the subject of money laundering can not include the offence in essence in the original crimes

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