我问你法律知识英语
First, the concept of the crime of money-laundering and features. In this paper, four theory of the crime of money laundering assessments, described, I believe that the crime of money-laundering, is known to be drug-related crimes, underworld organized crime, the crime of smuggling illegal income and the revenue generated, and in various ways to disguise or conceal the source and nature of the acts. Money-laundering offences as a new type of crime, a variety of subjective and objective factors due to the existence of a money laundering offence has characteristics different from other crimes. First lack of identifiable victims; second of the complexity of money-laundering offences; third professional money-laundering offences; fourth international money-laundering offences; fifth of the crime of money-laundering capital-intensive.
Secondly, the composition characteristics of the crime of money-laundering. The main crime of money laundering for the general subject, including natural and legal persons. Xingfalilunjie countries, as well as from criminal legislation, the crime of money-laundering predicate offences can pose by the existence of two controversial, "said he has committed" and "the guilty said." I believe that the main elements of the crime of money-laundering should be all natural and legal persons, do not rule out the upper reaches of the perpetrators. Subjective aspect of the crime of money-laundering by a direct intentional; object is a complex object, that is, both violations of financial management order, but also violated the normal activities of the judiciary; objective in the way of objective is to provide capital accounts to assist the conversion of property into cash, financial instruments, securities, through transfers or other means of settlement to the transfer of funds to assist the remittance of funds abroad; other means to disguise or conceal the illegal proceeds of crime and the nature and source of income.
The second part of the crime of money laundering predicate offences that
First, the crime of money-laundering predicate offences legislation. 1, foreign legislative provisions. International in the "predicate offences" scoping different, the main legislative four cases. (1) is limited to the proceeds of crime and drug proceeds, (2) including all acts of crime proceeds and receipts (3), including all illegal proceeds derived from acts and (4) limited to "specific crime" income and income. 2, China's legislative provisions. China's Criminal Law "predicate offences" legislative form, adopting a "specific crime" of the legislation. Judging from China's Criminal Code on "upstream crimes" provisions, the prominent anti-money-laundering crimes, but in the anti-money-laundering a criminal offence of money-laundering legislation lags behind the reality, as demonstrated by: "predicate offences" a narrower range; hindered anti-money-laundering crime effective international assistance and cooperation; not conducive to the fight against and prevention of crime and reduce the efficiency of the judiciary; not conducive to the domestic law of interconnected, and hampered the effectiveness of the legislation into full play.
Secondly, drug-related crimes, underworld organized crime, smugglers, I disguise or conceal their illegal proceeds of these crimes and the benefits arising from the nature and sources of conduct and drug-related crimes, underworld organized crime, smuggling and other criminal activities by the gift the crime of illegal income and the benefits arising from the acts constitute the crime of money-laundering, on the individual's point of view. The former is a money-laundering offences, which did not constitute a crime of money-laundering.
The third part of the crime of money-laundering and related crimes determination.
Passed from the object of the crime, the act, the main crime, criminal purposes, such as crime subjective comparison of the crime of money-laundering and cited shielding the limits of drug-related crime, money laundering, crime and hiding, shielding the limits of the crime, money laundering, crime and the limits of perjury ; crime of money-laundering and to disguise or conceal the proceeds of crime, the proceeds of crime offences boundaries.
The fourth part of the crime of money-laundering crimes of that.
First, the crime of money-laundering and the "predicate offences" common criminal boundaries. The author believes that the key distinction between the two is to see whether pre-plan. Qualcomm plan beforehand, and after the implementation of the money laundering act, constitutes a "predicate offences" common crime, rather than simply a money-laundering offences.
Secondly, the implementation of the restrictions imposed by the act of common crime beyond intentional conduct. If the perpetrator did not exceed the laundering of criminal organizations in general "business" is a criminal organization with the primary elements and deal with all responsible for the acts per capita, such as common beyond intentional, by the acts themselves assume responsibility.
Finally, the one-sided accomplice. Only one-sided accomplice to the crime subjective and the objective no crime, at least not directly implemented, but does not affect the establishment of one-sided accomplice.
In short, as China's socialist market economy structure has been established and improved, money-laundering offences in the various economic crimes in an increasingly prominent, combating money-laundering crime tasks, we need to do more great deal of arduous and painstaking work. I believe that with China's money-laundering crimes increased emphasis on money-laundering restraint systems the continual perfection of our society will certainly promote the rapid development of the market economy.