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Establish The Legal System Of China's CPA In Anti-Money Laundering

Posted on:2010-05-20Degree:MasterType:Thesis
Country:ChinaCandidate:X L KanFull Text:PDF
GTID:2166360272993601Subject:Economic Law
Abstract/Summary:PDF Full Text Request
In recent years, the money laundering has already threatened the international community, and affected the world economics seriously. According to the statistics of International Monetary Fund (IMF), each year, the amount of global money laundering is equal to 8% of the international trade, which increases at the speed of 100 billion dollars each year. At the same time, due to the development of the economy and technology, the means of money laundering become more and more complicated, and the fields of money laundering become wider. In the process of anti-money laundering, Certified Public Accountants (CPA) draw close attention because of their peculiar status and special technical ability. In the process of the legislation of China's《Anti-Money Laundering law》, CPA were intensely demanded to undertake the obligations of anti-money laundering. But consider of the conditions of China and the current situation of China's CPA, China's《Anti-Money Laundering law》didn't regulate it ultimately. Although the open regulations of《Anti-Money Laundering law》provided a legal platform which will finally bring CPA into the legal system of anti-money laundering, but the legal gaps definitely cause the insufficient of practice, and it also restricts the advantages of CPA's professional expertise.This article is trying to establish the legal system of anti-money laundering about China's CPA. This article starts from the current situation of China's money laundering, and then analyses the necessity and feasibility of China's CPA to undertake the obligations of anti-money laundering. The legal system of anti-money laundering about China's CPA is based on the concrete practice condition of China's anti-money laundering and the advanced experiences of other countries'legislations. This article is divided into five parts, and the main contents of these parts are listed as follows: The first part concerns the basic theory of money laundering and the features of it in the modern times. At the same time, this part inspects the current situation of anti-money laundering about China's financial institutions and non-financial institutions, and then points out the deficiency of them.The second part starts from the practice of China's anti-money laundering, and then points out that the business areas of China's CPA have already been invaded by money laundering which is the necessity of them to undertake the obligations of anti-money laundering. It is also feasible for China's CPA to undertake the obligations of anti-Money Laundering not only because of their peculiar status and special technical ability but also due to the existing legal provisions.The third part introduces the legal regulations of anti-money laundering about CPA in main countries and international organizations. This part discusses the advanced legislation experiences of United Nations, European Union, USA, United Kingdom, France and other countries, which will provide the system reference for us.The fourth part is about the deficiency of China's legal regulations of anti-money laundering about CPA. This part points out that there are no regulations about the obligations or rights of China's CPA in anti-money laundering. The advices to establish the legal system of anti-money laundering about China's CPA are on this basis.The fifth part is about how to establish the legal system of anti-money laundering about China's CPA. On the basis of previous discussion, this part canvasses the rights, the obligations and the liabilities of China's CPA in anti-money laundering in three aspects: substantive law, procedural law and supporting system.
Keywords/Search Tags:Certified Public Accountants, anti-money laundering, establish of the legal system
PDF Full Text Request
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