Earticle

초록

영어

The upper reaches of money laundering crime, which is also called “the antecedent crime” or “the pre-crime”, is the specific type of crime greedy for profits, established by the criminal law to attack money laundering crime, which can seriously undermine the financial order. In view of our criminal legislation adopting the parallel mode of conviction on the two kinds of booty crime, which are money laundering crime and the crime of covering up and hiding the outcomes and the profits of some other crimes, distinguishing between the two standards into the legislation become an important basis for discrimination. For the upper reaches of money laundering crime, the Criminal Code and the "Criminal Law Amendment" adopt the direct expression way of category accusation, for a total of seven categories of 75 kinds of specific crimes. Under the listed specific category accusations by the Criminal Law, this article generalize the commonness of
the upper reaches of money laundering crime, which has serious harm, the possibility of destructing the financial order, stressing the importance of method in crime prevention, etc, and as the basis of that, discuss the range of the upper reaches of money laundering crime in our Criminal Law should extend gradually to some other crimes, such as some crimes of endangering national security, serious crimes against socialist market economic order, some crimes of infringement upon citizens' rights of the person, in the development of future legislation.

목차

Ⅰ.서론
 Ⅱ. 돈세탁죄 상유범죄의 입법모델비교
  （一）돈세탁행위 입죄(入罪)의 형법입법비교
  （二）돈세탁죄 상유범죄의 전개
 Ⅲ. 돈세탁상유범죄입법의 가치분석
  （一）심각한 위해
    (二) 예방수단
  （三）사후(事后)행위
  （四）국제와의 통합
 Ⅳ. 중국 돈세탁죄 상유범죄의 입법전망
  （一）완벽화 원칙
  （二）완벽화 대책
 참고문헌
 

키워드

저자

• 정비 [ Fei , Zheng | 중국 상해대학교 법학원 부교수, 법학박사. ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  원광법학 [Journal of Law research]

• 간기

  계간

• pISSN

  1598-429X

• eISSN

  2508-4526

• 수록기간

  1962~2026

• 등재여부

  KCI 등재

• 십진분류

  KDC 360 DDC 340