跪求法律知识渊博的英语达人,翻译一篇短文!

继续。文章后一半在这:
首先,洗钱罪的概念与特征。本文对四种洗钱罪理论进行了评析、阐述,笔者认为洗钱罪,是指明知是毒品犯罪、黑社会性质组织犯罪、走私犯罪的违法所得及其产生的收益,而以各种方法掩饰、隐瞒其来源和性质的行为。洗钱罪作为一种新型的犯罪,由于有着各种主客观因素的存在,洗钱罪呈现出有别于其他犯罪的特征。第一缺乏可识别的受害者;第二洗钱犯罪的复杂性;第三洗钱犯罪的专业性;第四洗钱犯罪的国际性;第五洗钱犯罪的资金的密集性。
其次,洗钱罪的构成特征。洗钱罪的主体为一般主体,包括自然人和法人。从刑法理论界以及各国刑事立法来看,关于洗钱罪是否可以由上游犯罪人构成存在两种争议,即“他犯说”和“本犯说”。笔者认为洗钱罪的主体要件应当为一切自然人和法人,不排除上游犯罪行为人。洗钱罪的主观方面由直接故意构成;客体是复杂客体,即既侵犯金融管理秩序,也侵犯司法机关的正常的活动;客观方面中客观行为方式是提供资金帐户;协助将财产转换为现金、金融票据、有价证券;通过转帐或者其他结算方式协助资金转移;协助将资金汇往境外;以其他方法掩饰、隐瞒犯罪的违法所得及其收益的来源和性质。
第二部分洗钱罪上游犯罪的认定
首先,洗钱罪上游犯罪的立法规定。1、国外的立法规定。国际上对“上游犯罪”范围界定不一,其主要有四种立法例。(1)只限于毒品犯罪所得及其收益;(2)包括一切犯罪行为所得及其收益(3)包括所有非法行为所得及其收益(4)限于“特定犯罪”所得及其收益。2、我国的立法规定。我国刑法对“上游犯罪”的立法形式上,采取的是“特定犯罪”的立法例。从我国刑法对“上游犯罪”的规定看,突出打击洗钱罪,但在反洗钱罪刑事立法上滞后于洗钱的现实,主要表现在:“上游犯罪”的范围较为狭窄;有碍反洗钱犯罪的有效国际协助与合作;不利于打击与预防有关犯罪,降低了司法效率;不利于国内法的相互衔接,阻碍了立法效能的充分发挥。
其次,对毒品犯罪、黑社会性质组织犯罪、走私犯罪分子本人掩饰、隐瞒自己上述犯罪的违法所得及其产生的收益的性质和来源的行为和接受毒品犯罪、黑社会性质组织犯罪、走私犯罪所赠与的上述犯罪的违法所得及其产生的收益的行为是否构成洗钱罪,阐述了个人的观点。即前者构成洗钱罪,后者不构成洗钱罪。
第三部分洗钱罪与相关犯罪的认定。
通过从犯罪客体,行为对象、犯罪主体、犯罪目的、犯罪主观方面等方面的对比分析列举了洗钱罪与包庇毒品犯罪的界限;洗钱罪与窝藏、包庇罪的界限;洗钱罪与伪证罪的界限;洗钱罪与掩饰、隐瞒犯罪所得、犯罪所得收益罪的界限。
第四部分洗钱罪共同犯罪的认定。
首先,洗钱犯罪与“上游犯罪”共同犯罪的界限。笔者认为,区分二者的关键是看事前有无通谋。事前有通谋,事后又实施了洗钱行为的,则构成“上游犯罪”的共同犯罪,而不单构成洗钱罪。
其次,实行过限,是行为人实施了超出共同犯罪故意的行为。如果行为人的洗钱行为没有超出犯罪组织的一般“业务行为”,犯罪组织的首要分子与行为人均应对一切负责,如超出共同故意的情况,由行为人自己承担责任。
最后,片面共犯。片面共犯者只有犯罪的主观方面而没有犯罪的客观方面,至少是没有直接的施行行为,但不影响片面共犯的成立。
总之,随着我国社会主义市场经济体制的建立和完善,洗钱罪在各种经济犯罪中越来越突出,打击洗钱犯罪的工作任重道远,需要做更多大量艰苦而细致的工作。相信,随着我国对洗钱罪的加大重视,对洗钱制约制度的不断完善,一定会促进我国社会市场经济的飞速发展。

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.
温馨提示:内容为网友见解,仅供参考
第1个回答  2008-04-20
呵呵,很简单嘛~~~

Continue. The second half of this article:
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.

满意吗? 希望我的回答能帮助到你!!
第2个回答  2008-04-20
我不给你说多的,也不给你翻译,
你直接去,google.com有在线翻译的,什么都能翻译,
够直接吧,

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