Research On Prevention And Control Measures Of Cyber Laundering Crime

Cyber laundering is developed along with the network financial service, it is to point to in order to conceal, conceal the true nature of the illegal income, source, existence, ownership, use financial services network, network data, network technology to legalise the practice the behaviors and helping behavior, it is a new means to money laundering crime. Criminals mainly use the on-lion bank, electronic money, online gambling, online sales, etc. These breaks through the traditional financial services customers and bank staff face-to-face service mode, can through the network for capital operation, convenient and quick, anonymous operation, strong concealment, the network without borders also lead to international cyber laundering crime increased. At present, the cyber laundering in our country are at higher risk, case number and the amount increased year by year, because of the network operation is convenient, capital turnover is fast, criminals of cyber laundering use network time is short, but the amount is larger. In addition, cyber-laundering crime has been be the development trend of combination of corruption and terrorism crime, terrorist financing and corruption assets become the main sources of funds for the cyber laundering. Crimes of science and technology content is higher, it is serious threat to China’s financial security and national security. Our country has realized network huge harm of money laundering crime and took some measures to prevent cyber laundering. Due to cyber laundering crime appear relatively late in our country, theoretical research and the prevention and control experience is less, it lead to appear some problems in cyber laundering. First, in view of the cyber laundering still belongs to money laundering crime, in criminal law provisions of the crime of money laundering still apply to it, but criminal law provisions have many problems on the scope of upstream crime of money laundering, subjective factor, crime subject, crime.Second, although China has established the anti-money laundering law as the core of the anti-money laundering administrative law, but in view of the network financial regulation law is less, it can’t handle the new situation of cyber laundering. Third, in the aspects of supporting mechanism for anti-cyber laundering, it have not set anti-money laundering institutions, each department’s cyber laundering due to poor communication. Finally, China’s inadequate supervision of financial institutions, the three internal control system implementation have problems. In addition, in terms of the anti-cyber laundering, the level of exchanges and cooperation between China and the world is shallow, not sufficient. These are weakened to cyber laundering crime crackdown. Faced with such serious situation, this paper put forward its own perfect suggestions:First, perfect the rules of the money laundering crime in the criminal law, appropriately expand the scope of upstream crime, clear the contents of the subjective factor, increase the upstream crime the crime thnti-money laundering international exchanges and cooperation, to crack down on the crime e crime subject and increase the acquisition, possession or use of added to money laundering behavior patterns. Second, perfect the system of administrative legal supervision, draw lessons from the advanced experience of the European and American countries, promulgated the law, flexible old method to strengthen the regulation of e-commerce, electronic payment. Third, to strengthen the supervision of financial institutions, financial institutions should strictly carry out the customer identification system, report system and record keeping system of internal control system. Fourth, establish a special organ of anti-money laundering, and anti-money laundering information resource sharing mechanism, strengthen the cooperation of all departments. Fifth, strengthen aof cyber laundering together with the countries all over the world.