| Money laundering is a crime from abroad and it firstly appeared in the 1930s. It was forbidden by the legislation in the 1970s and it was identified as crime lately. The acts of money laundering became an international crime because of its obvious transnational nature after it was criminated. Then it got the provision in a number of international conventions and quickly became one of the most international concerned. In this process, the anti-money laundering legislation developed in the international community.The money laundering has become a focus attention problem in China now under the impact of the international background. From the Chinese first anti-money laundering legislation in the beginning of 1990, China started to build a preliminary anti-money laundering legal system after 1997, and to Chinese anti-money laundering in 2003 after the constant improvement in the legal system, Chinese anti-money laundering legislation is constantly evolving. It needs to be summarized and be worthy depth study for some questions: how the anti-money laundering legislation is impacted in the 10 years, why they are frequently emended, which still exist and how we solve the problems and so on.This paper analysis the reasons and the development trend of the international anti-money laundering legislation and expounds the impact of the international anti-money laundering on our country according to the research of the origin and the development institution of the international anti-money laundering. Then this paper analysis the process and reasons of Chinese anti-money laundering legislation and pointed out the problems of the Chinese anti-money laundering legal system and put forward the methods to solve them. The full paper is divided into five chapters of these elements to make expositions:The first chapter is "the background of the anti-money laundering legislation evolution" . Firstly, the "money laundering" and the origin of the start-up money-laundering legislation are certificated, which led to the origin of the money-laundering and anti-money laundering legislation. From the origin and communication of the language, the act money-laundering firstly occurred in the United States, and then spread to other countries including China. What' s more, the "money-laundering" is an exoteric diction. It became a legal proprietary terminology gradually after legislation against. From the start and promotion of the legislation, the United States and other developed countries began with the anti-money-laundering legislation. Then our country had the anti-money laundering legislation according to the promotion of the international common divisor. Secondly, it expatiates the disserve of the money laundering, which explains the basic reason of anti-money laundering legislation and also reflects the evolvement process of the anti-money laundering legislation. The initiate disserve of the money laundering is to indulge specific criminal acts, so money laundering is forbid by the legislation as an accessorial specific criminal act just as drug-related; since then, the enlargement of the scale of money-laundering seriously disrupts the stability of the financial order, and therefore it is identified as an independent financial crimes, its transnational characteristics makes the disserve not only impacts just one country but also damage the whole harmony international social order, so money laundering is prevented and forbid globally recognized as an international crime. Finally, this paper analysis the development trend of money-laundering, which points out the reason for the evolution of anti-money laundering legislation. A rising degree of international makes the gradual globalization uniform of anti-money laundering. The increasingly serious harm makes the gradually stringent anti-money laundering legislation. The implementation diversification of the field makes that anti-money laundering legislation has been expanding the scope of application; the main increasingly specialized implementation makes anti-money laundering legislation means more rigorously.The second chapter is "the development of international anti-money laundering legislation and the impact of Chinese anti-money laundering legislation" . United Nations convention against money-laundering and related legal texts and the Financial Action Task Force against money-laundering legislative proposals, representatives the status and standards of the international anti-money laundering legislation. The research of the two organizations' anti-money laundering legislation development reflect that the development situation of the international anti-money laundering and the impacts on China. Adopted by the United Nations convention against money laundering and the text of the law reflects the international community' s anti-money laundering by the consensus reached, "the United Nations drug conventional" and "the United Nations model law against money-laundering" , "with the proceeds of crime, money laundering, confiscation and international cooperation in the Model Law" , "Suppression of the Financing of Terrorism, the International Convention" , "United Nations Convention against Transnational Organized Crime" , "United Nations Convention against Corruption" and "the text of the law, such as the Convention on behalf of the United Nations during the period of awareness of anti-money laundering legislation" . As China are an important member of the United Nations and the relevant party of the Convention on Money Laundering, the contents of this anti-money laundering legislation in the various periods varying degrees is promoting the development of Chinese anti-money laundering legislation. As a specialized organization of anti-money laundering Financial Action Task Force, it sets up with its own growth which reflects the international community' s determination and consensus of the Anti-Money Laundering; From the organization established by the Anti-Money Laundering and the proposed amendment, it draws a different periods of the International convention on anti-money laundering, thus enabling the proposed legislation against money-launder ing is becoming the international standard. By the analysis of anti-money laundering advices of the organizations in 3 periods during 1990 and 1996, it anatomies the development of the international anti-money laundering legislation standards. In early times, China doesn' t concern the Financial Action Task Force, and certainly not its members, so the first two versions of the proposed anti-money laundering of the organization effects little on China, which is an important reason for the trail of Chinese anti-money laundering legislation. China begins to pay attention to the Financial Action Task Force' s activities in 2007 and formally joined the organization in the beginning of this century, which restricts China directly with the advices of anti-money laundering legislation and objectively promoted the development of Chinese anti-money laundering legislation and internationalism.The third chapter is "the evolution of the Anti-Money Laundering theory study" . The level of Chinese anti-money laundering theory in different times represents the state of anti-money laundering legislation and reflects the evolution of the reasons for anti-money laundering legislation. From 1988 to 1996, Chinese study of theory is to introduce the concept of money-laundering in the early stages during the preliminary period, which can reflect the weakness of Chinese anti-money laundering legislation without concern. What' s more, the results of the theory study can not provide more support for the theory. From 1997 to 2002, the theory study deepened the cognition of the money laundering act, and then proposed a series of legislation advices to the situation of Chinese anti-money laundering. This reflects the system of Chinese anti-money laundering is not perfect; these theory study results provide data and direct contents of legislation for the development of Chinese anti-money laundering legislation, and therefore it began to build the system of Chinese anti-money laundering legislation. From 2003 till now, this theoretical study began to investigate and analysis various issues which exists in Chinese anti-money laundering legal system, and then they proposed specific advises to promote the legislation, which shows that there are some leaks in Chinese anti-money laundering legal system; these theoretical study results became the direct reason for the development of Chinese anti-money laundering and provide important contents for our country' s anti-money laundering legal system.The fourth chapter is "the development of Chinese anti-money laundering legislation" . The development of Chinese anti-money laundering legislation can be divided into three periods according to the contents of legislation. It is the maiden creative period of Chinese anti-money laundering legislation from 1990 to 1996. It is the prime building period for that from 1996 to 2002 and from 2003 till now it is the promotion period. In the first stage, there is only one simple item that can be called as the Chinese anti-money laundering legislation. At this time our country' s legislation is not freedom and only to carry out some obligation of international conventions and regulate the relevant provisions of the Anti-Money Laundering Terms. During this period the offences of the legislation is very limited for the prevention and fight against money-laundering. In the second stage, our country regulated the criminal law of money laundering clearly and specifically and constantly revised to be perfect; in the financial administration law it also began to prevent the money-laundering, particularly by the People' s Bank of China formulated special anti-money laundering regulations. Thus, Chinese anti-money laundering legal system is formed, but one the one hand, Chinese anti-money laundering legislation neglects prevention, on the other hand, Chinese anti-money laundering laws have not very high level on the overall effectiveness. In the third stage, whether administrative or criminal law are constantly to improve the anti-money laundering act, amendments to the Penal Code for the performance, "People' s Republic of China Anti-Money Laundering Act" , as well as supporting the enactment of laws and regulations. These legislative at all levels, from different angles on China' s prevention, the fight against money-laundering offences made a detailed and explicit requirements, and reflect on the whole of the latest international anti-money laundering standards.The fifth chapter is "the existing problems in Chinese anti-money laundering legal system and the proposals on how to improve the legislation" . Although the "Criminal Law Amendment" further promotes Chinese anti-money laundering legislation criminal to be perfect in 2006, but there are still some problems and their performances are: money-laundering offences have not been completely independent of the three anti-money laundering provisions scattered crime in different sections of the criminal code; not entirely criminal money-laundering, it' s the third phase of the integration phase behavior and had not been provided for the offence of money-laundering predicate offences provisions unreasonable. On the one hand it is very difficult to be identified because of the subjective knowing requirements; on the other hand, we can' t achieve the purpose of safeguarding the financial order because the predicate offence is too narrow. On the one hand the offices are only responsible for the individual units on money-laundering offences, on the other hand, self-money-laundering is not recognized as money-laundering criminal and the criminal responsibility for crimes is too light, whether by comparing the criminal liability of foreign money-laundering offences, compared China or other financial crime and money-laundering laundering crimes of criminal responsibility, it shows that Chinese money-laundering crime is of the lightest punishment. For these issues of Chinese criminal legislation, we should add more charges and set up on the same charges under a provision so that they are independent. At the same time, it should be expanded in the objective, target crime areas according to the expansion of the criminal element. What' s more, it should increase the criminal liability, thus improve the crime of money-laundering for the purpose of criminal legislation. For the aspect of the administrative law, although there are a series of specialized anti-money laundering laws and regulations to prevent the money-laundering to improve the executive and the legislation, but there are still some loopholes, including: reducing the size of the area to prevent money-laundering, not all stages of the money laundering act to be inclusive, there are no details of specific non-financial institutions to combat money-laundering obligations; internal control system is not a money-laundering operation, too abstract nor corresponding security measures; identification system, there are still loopholes, and has not addressed the risks of the different customers identification systems;transaction reports and record-keeping system to be perfect and no detailed distinction completion of the transactions, as well as attempted the basis of suspicious transactions; the means of corporate control is also too weak and unable to effectively prevent the use of corporate money-laundering acts related to the legal responsibility are too light, whether it is compared with the foreign legislation or from the dangers of money laundering, should be the main related to increase legal responsibility. For this existing legislation should be enacted to amend the law, and the corresponding implementation details to be added to address.
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