| Money laundering crime, as the counterpoint offence of some serious crimes that may generate enormous crime proceeds, the severity of which can be regarded as a sign of a country's crime situation and judiciary executive capability. Great deals of black money are making waves in the capital market and threaten a country's financial and economic safety seriously. Therefore, the work of anti-money laundering (AML) is actually required by financial safety and economic stability. However, specifically, the AML is not just a temporary expedient in the financial area, or a systematic requirement of marketization in the economic area. As a matter of fact, the core idea of AML is to redesign or reconstruct criminal policy. At the basis of acknowledging the objective regularity of crimes as social dense diseases, the idea should shift from defense predicate offences overall to targeted combating derived crime. The implementation of criminal policy should also move forward from the judicial department to the general public, authentically giving expression to the significance of its value in the social life. Thus the research on the strategic design of AML becomes integrated and beyond the area of economy and finance.Therefore, this thesis, aiming at the significance of AML, discovers the criminal legal issues and administrative legal issues in our country's AML system so as to make plans for our country's AML strategy and thus establish a more reasonable reaction system.This thesis consists of three chapters:Chapter 1 arranges the materials of and introduces our country's framework of AML. At present, our country's framework of AML mainly comprises relevant laws and regulations at three layers, namely, the AML criminal laws with the core of punishing and combating money laundering, the AML administrative laws with the key content of prevention and monitoring money laundering crime, and the relevant department regulations for regulating specific operating system of preventing AML.Chapter 2 begins with the phenomenon of the abundant increase in foreign reserves with unidentified sources each year in our country, by the means of analyzing the probability of arbitrage in capital market and illegal proceeds generated by money laundering's predicate offences, seeks AML's significance for maintaining state's financial and economic safety and promoting society's sustainable development. In the meantime, from the deficiency in both criminal justice and administrative law enforcement, it reveals the problems of our country's AML system, and then proves the necessity of strategic planning of AML.Chapter 3 preliminarily conceives and makes plans for the framework of AML strategy from the perspectives of AML strategy's guiding ideology, object design, perfecting of criminal legal system, and strategic design of AML institution. It takes AML criminal policy and the unified standards and cooperation mechanism of AML as the theoretical basis of AML guiding ideology; it makes overall and specific object design for AML strategy in combination with the essential features of our country's money laundering crime and the deficiency of AML system; with International Conventions on AML as a standard, it modifies the offence system on money laundering crime, seeking to clarify our country's AML criminal legal system; it makes strategic design from the perspectives of AML functional department and AML monitoring measures, thereby lays the strategic foundation for a more efficient AML reaction system. |
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