我国洗钱罪立法研究
发布时间：2018-09-01 15:40
【摘要】：每年全球洗钱犯罪的数额已经高达1至3万亿美元，洗钱犯罪在国际社会上堪称顽疾。洗钱犯罪涉及到的犯罪资金越来越大，并突破了国界，成为一个世界性的犯罪。为了打击洗钱犯罪，国际组织和世界各国纷纷完善各自的立法，并不断寻求国际合作。我国有关洗钱罪的刑事立法起步虽晚，但发展迅速，特别是对洗钱罪的上游犯罪的刑法规定上有明显进展。 正是基于国际合作和遏制国内日益猖獗的洗钱犯罪的需要，本文梳理了我国洗钱罪刑事立法的沿革，对我国不同发展阶段规制洗钱行为刑事立法的经验与教训进行了总结；在此基础上对照法治发达的国际组织、国家的洗钱罪的刑事立法探讨了我国现行洗钱罪刑事立法存在的问题并根据我国刑事政策的要求及刑法的基本原理提出了完善洗钱罪刑事立法的建议。上游犯罪及犯罪行为的扩张便必然成为第一个立法建议，，责任主体的拓展也是打击洗钱犯罪，完善主体责任的必然选择。
[Abstract]:Money-laundering crime, which amounts to US $1 to 3 trillion every year, can be regarded as a persistent disease in the international community. The crime of money laundering involves more and more criminal funds, and has broken through the national boundaries and become a worldwide crime. In order to combat the crime of money laundering, international organizations and countries all over the world have improved their legislation and constantly seek international cooperation. Although the criminal legislation on money laundering in China started late, it has developed rapidly, especially in the criminal law provisions of the predicate crime of money laundering. Based on the need of international cooperation and the need to contain the increasingly rampant money laundering crime in China, this paper combs the evolution of the criminal legislation of money laundering crime in our country, and summarizes the experience and lessons of regulating the criminal legislation of money laundering in different stages of our country. On this basis, in contrast to international organizations that have developed the rule of law, This paper probes into the problems existing in the current criminal legislation of the crime of money laundering in China and puts forward some suggestions on how to perfect the criminal legislation of the crime of money laundering according to the requirements of our criminal policy and the basic principles of the criminal law. The expansion of upstream crime and criminal behavior will inevitably become the first legislative proposal, and the expansion of the subject of responsibility is also the inevitable choice to crack down on the crime of money laundering and perfect the responsibility of the subject.
【学位授予单位】：苏州大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D924.3
本文编号：2217630
[Abstract]:Money-laundering crime, which amounts to US $1 to 3 trillion every year, can be regarded as a persistent disease in the international community. The crime of money laundering involves more and more criminal funds, and has broken through the national boundaries and become a worldwide crime. In order to combat the crime of money laundering, international organizations and countries all over the world have improved their legislation and constantly seek international cooperation. Although the criminal legislation on money laundering in China started late, it has developed rapidly, especially in the criminal law provisions of the predicate crime of money laundering. Based on the need of international cooperation and the need to contain the increasingly rampant money laundering crime in China, this paper combs the evolution of the criminal legislation of money laundering crime in our country, and summarizes the experience and lessons of regulating the criminal legislation of money laundering in different stages of our country. On this basis, in contrast to international organizations that have developed the rule of law, This paper probes into the problems existing in the current criminal legislation of the crime of money laundering in China and puts forward some suggestions on how to perfect the criminal legislation of the crime of money laundering according to the requirements of our criminal policy and the basic principles of the criminal law. The expansion of upstream crime and criminal behavior will inevitably become the first legislative proposal, and the expansion of the subject of responsibility is also the inevitable choice to crack down on the crime of money laundering and perfect the responsibility of the subject.
【学位授予单位】：苏州大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D924.3
【共引文献】
相关硕士学位论文 前1条
1 杨文婷;我国猥亵犯罪的法律适用及立法完善[D];西南大学;2014年
本文编号：2217630
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