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Legal Problems Analysis of the Crime of Money Laundering

Author: TangJuan
Tutor: XuXinYue
School: Southwest University of Political Science
Course: Criminal Law
Keywords: The crime of money-laundering Predicate offenses Stolen goods crime Knowingly Elements and identified
CLC: D924.3
Type: Master's thesis
Year: 2011
Downloads: 85
Quote: 0
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Abstract

Money laundering, proceeds of crime \Illegal income and the income of \source and nature of the deposit of financial institutions, investment or be tradable on the stock exchange, and other means to make the behavior of the legalization of illegally acquired income. \main involvement of the of offenses subject and predicate offenses, both de facto inheritance relations they also have some degree of judicial determination of inheritance relationship. Both act was in fact inherited money laundering not only great harm (such as the destruction of the system of state management of financial activities, hinder the normal activities of the judiciary, disrupt economic and social order), but also to foster \predicate offenses \China has also formulated relevant laws and regulations to carry out the anti-money laundering, but with the economic, social and scientific and technological progress, the crime of money laundering means increasingly updates about the defects of the crime of money-laundering provisions in the laws and regulations are also increasingly exposed, its theory and practice The finds are disputed. Therefore, this article attempts to Wang according to money-laundering case, combined with the theory of the Criminal Law, depth discussion of related legal issues, I hope to provide a reference for the judicial determination of the money-laundering offense, and relevant laws and regulations to make some recommendations . This article is divided into three parts to be discussed: the first part is mainly Wang according to the basic facts of the money-laundering case described, mainly related to the fact that part of the case, the prosecution and defense arguments on both sides, the court's verdict in three aspects, by This leads to the focus of controversy in the case and other related issues. The second part is the focus of this article, I will be the focus of the case and other relevant issues triggered by Legal Analysis. Mainly include five major aspects: First, according to China's criminal law on the crime of money-laundering provisions Wang according to the behavior how qualitative? Money-laundering offenses under the Criminal Law \the relationship between the crime? inside of the part, including the two problems: The first problem is that the predicate offenses, one can set up a money-laundering offense? second problem is that the crime of money-laundering in the case of predicate offense has not been convicted of identified it? For the problem, I will combine the Pan Confucian China money laundering case were discussed. How to define the crime of money-laundering and stolen property crimes? Mainly related to the crime of money-laundering and harboring, transfer, acquisition, sale of stolen goods defined, the definition of the crime of money-laundering with perjury, the crime of money-laundering and concealing the murder, money laundering and huge property Unidentified Sources defined. Fifth, to accept the gift, the proceeds of crime by the perpetrator of the seven categories of \to the theoretical and practical problems. The third part is based on case analysis, perspective the existing problems in China's current laws and regulations on money laundering offenses, and its perfect immature.

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