Research Legislation Improvement Of Money Laundering Countermeasures In The Banking

The convenient and fast services provided by the bank's payment and settlement systems and the innovating of financial ramification, have made the banking becomes the most important channel of money laundering. The irregular, large sum of capital removal in concert with the money laundering has seriously menaced the stability of the banking system and financial market, leaching the social welfares, and leaving the bane of financial crisis.Since the midterm of 1990s, the law stratum of China has begun to pay more attention of the topic of money laundering, adding stipulations about countermeasures of money laundering into the legislations of crime law and regulation constituted by the people's bank of China gradually. At present, our country has initially formed a legislation system about money laundering countermeasures, which is based on crime law about money laundering countermeasures, emphasized by the money laundering countermeasure statutes of the financial institute, and being in concert with other statute. In the recent years, money laundering has a tendency of continually swelling. Facing this situation, our government passed the revampment of the "banking law of China", and established "the prescription of financial institute about money laundering countermeasure", "the administer methods about reporting mass and suspicious transactions", "the administer methods about mass and suspicious foreign capital exchange between the financial institute", continually increase the strength of money laundering countermeasures. However, the effect of banking money laundering countermeasure suffers a lot because there isn't any unified and exclusive money laundering countermeasure law. And the cognizance standard of money laundering is still ambiguous. There's deficiency in the money laundering countermeasure onus, and the legislation deficiency about lagging construction of financial statute, etc. At present, all sections of the society appeal to establish a special money laundering countermeasure law as soon as possible. It's staring china in the face that china should establish a money laundering countermeasure law, which being served as the core of a multilayer, all-around money laundering countermeasure law system to be constructed.The text expatiates the important meaning to the financial safety of our country and even to the economic safety of the country about the legislation improvement ofmoney laundering countermeasure, from the point of view in jurisprudence based on the analysis of the prerequisite of the banking money laundering countermeasure, combining the practice and the legislation about money laundering countermeasure, concluding that the liability for delinquent of banking in the money laundering countermeasure should be specified. After collating the legislation status of money laundering countermeasure in both in-country and foreign banking system, the author has pointed out the defect of money laundering countermeasure in our country's banking system, and brought forward the conception of improving the legislation of money laundering countermeasure, and the most important step of this conception is to establish a special law aim at money laundering countermeasure. Finally, the author has advanced some advice on how to specify the connotation of money laundering, establish an money laundering countermeasure organization, set up and consummate the money laundering countermeasure operating mechanism, consummate the inner-control system of banking, as well as how to reinforce the financial surveillance and international cooperation of money laundering countermeasure, so as to dedicate to the legislation of money laundering countermeasure in the banking.