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Comparative Research on Money Laundering Crime

Author: GuJiaPeng
Tutor: XiangChaoYang
School: Sichuan University
Course: Legal
Keywords: Money laundering Money laundering crime Constitution crime Upstream crime Provisions of the criminal law
CLC: D914
Type: Master's thesis
Year: 2005
Downloads: 204
Quote: 1
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Abstract


The term of "money aundering "" originated in America from salesmen’s action of washing the dirty money received from customers with detergent and put them into daily use again. But it began to be used as a legal term at the middle period of 1970s, extending its meaning in particular to making illicit money clean.The crime of laundering in the initial stage was related to narcotics offense, being almost the derivative of the latter, it became the basis of survive and development for narcotics groups, as an important means to legalize the drug profit. According to the estimate of some experts in UN and America, the volume of trade in drugs amount to 500 billion $ or so per year in the whole world and at least 80 billion $ of ill-gotten money is transferred into legal capital through "laundering".Therefore, the problem of how to crackdown on serious criminal activities of money laundering leads to a great attention paid by the international society and international community. On December 19 in 1988, in Austria’s capital Vienna, under the proposal of some counties of Europe and North America which undertake the main consumptions of narcotics and the main occurrences of cases of money laundering, the United Nations drew up 《United Nations convention on narcotics forbidden》 , the signing of this agreement was a prologue to crackdown on criminal offences of laundering by allying all the countries in the world.Certainly, the struggle against the crime of money laundering lies not only in the strike at the activities of "laundering narcotics money", but also in some otherillegal-gotten money obtained from corruption, smuggling, the crime of underworld organizations, etc.In order to strike effectively with the activities in laundering illegal money gained from all kinds of serious crime, in addition to ((United Nations convention on narcotics forbidden}) , the international community successively drew up three other articles. They are (( Europe anti-laundering convention )) . (( EU anti-laundering instruction )) and (( America anti-laundering model law )) .The formulation of these international criminal laws on anti-laundering takes positive effect on promoting all countries to strengthen their own criminal legislation on anti-laundering.This thesis consists of six chapters: the first chapter offers the introduction of the crime of money-laundering and its legislation and development by giving a brief account on the concept of this crime, the constitution of the crime and the determination of the crime, making a exposition on how to differentiate this crime from other relative crimes. It comes next that the appropriate presentation about the legislation on the crime in China and foreign countries. And on this base, the author point out the perplexity and dispute on crime of laundering in Chinese Criminal Law currently in effect to the practical and theoretical fields.From chapter two to chapter five, the thesis compares the forward four international criminal laws and the criminal laws of some main-role countries and China’s Hong Kong, Macao and Taiwan Province with the criminal laws of mainland China through four aspects, i.e., the offense target the malefaction, the subject and the culpability of the crime of laundering, analyze similarities and differences between them, comment on their superior and inferior parts.As for the sixth chapter, the thesis summarize the forward contents and tries to draw a conclusion. Firstly, it raises drawbacks and flaws of the provisions concerning the crime of laundering lies in Chinese criminal law, including following aspects: the upstream crime range of the laundering crime is too narrow, the commission of offence does not contain the third stage of money laundering, the subjective factor of the crime of laundering is not designed properly, etc. secondly, in accordance with these loopholes, the thesis provide legislativesuggestions of improving relevant provisions on the "crime of laundering’" in Chinese Criminal Law to attain the goal of crackdown on the criminal activities of laundering money.

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