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The Money Laundering Crime System: Study on the Cognition of the Legislation and Its Improvements

Author: BaiYong
Tutor: MaJiaFu
School: Southwest University of Political Science
Course: Criminal Law
Keywords: money laundering system Legislative defects criminal object Legislation
CLC: D924.3
Type: Master's thesis
Year: 2011
Downloads: 36
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Abstract

Money laundering is a new type of international crime, money laundering and its upstream crimes as serious social harm to the global economy pose a serious threat to all countries, and worldwide there are spreading, which are all on the Anti-Money Laundering put forward higher requirements. To effectively contain the spread, the international community gradually through a series of international conventions and national legislation to criminalize money laundering activities, aimed at its prevention, control and regulation. Although China has formed a money laundering system, but the current legislation provides a lot of understanding caused the problem to be improved.Besides the introduction, the text is divided into three parts, about 28,000 words.The first part of the formation of a system of money laundering. Money laundering is an international crime, but also a foreign offense, the legislative process of the crime of money laundering is integration with the international treaty to adapt the standards process. Crime of money laundering legislation in the process, gradually formed in China’s money laundering Article 191, Article 312 of the cover up, conceal the proceeds of crime, crimes and the proceeds of crime section 349 of the harboring, transferring and concealing of drugs and drug money-laundering stolen goods criminal system.The second part, our understanding of money laundering legislation on the issue. The formation of the current system of money laundering a lot of understanding on the issue. First, the paper on charges of money laundering system for understanding the logical relationship between the problems were discussed, pointed out that the money laundering and to disguise or conceal the proceeds of crime, the proceeds of crime between the logical scope of the crime, and crime and money laundering in our country disguise or conceal the proceeds of crime, the proceeds of crime analyze the relationship between the crime. Then, the paper discusses the crime of money laundering system of object knowledge, pointing out to disguise or conceal the proceeds of crime, crime, the proceeds of crime contrary to amend its criminal nature of stolen goods, while the object of money laundering were studied. Finally, the paper studies the money-laundering, organized crime and the penalty provisions of the system is not uniform, pointing out that the current system of money laundering arrangement will cause awareness of three issues, and analyzes 191 of the money laundering and to disguise or conceal the proceeds of crime, crime Sentence on the proceeds of crime in the inconsistency.The third part of the crime of money laundering Legislation. Paper first discusses the crime of money laundering should follow the principle of sound legislation. Then, the proposed money laundering awareness of the existence of legislation is proposed: based on the current status of money laundering system and the layout should be to clarify the charges of money laundering system, the logical relationship should be enhanced to disguise or conceal the proceeds of crime, the proceeds of crime punishment to the crime; money laundering fundamental way to improve is to return to a narrow mode of money laundering legislation and legislative techniques used on the upper reaches of the blank counts of crime patterns to expand the scope of money laundering.

The Money Laundering Crime System: Study on the Cognition of the Legislation and Its Improvements

Abstract

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