On the Normative Determination of Illegality in the Crime of Money Laundering
The normative determination of the illegality in the crime of money laundering and its legal-theory research should be shifted to the paradigm and path of criminal-law theory in the field of finance based on the absorption of traditional theory of legislative facts and the methodology of legal dogmatics.Through criminal-law theory in the field of finance and its theory of cumulative offense and the theory of collective legal interest,it can be proven that the essence of the illegality of the crime of money laundering is an infringement upon both legal interests of financial security and judicial order to be protected.By the new legal-theory shaping of"the theory of deciding the patterns of covering-up and concealing behaviors in the field of finance"and its limitation theory,it is able to effectively explain the normative categories of illegality of the crime of money laundering,reasonably determine the relationship of concurrence of illegalities between the crime of money laundering and Article 312 or Article 349 of Chinese Criminal Law and the handling principles.
the Crime of Money Launderingthe Essence of IllegalityIllegal BehaviorConcurrence of Illegalitiesthe Criminal-law Theory in the Field of Finance
万方数据
维普
