Research On China's Participation In Anti-money Laundering International Cooperation Mechanism Under The Background Of Globalization

Money laundering crime is recognized as an international crime.Its scope is extensive and profound,and it is extremely common.Its harm lies in not only destroying the order of normal economic activities at home and abroad,but also adversely affecting the normal conduct of judicial activities and impeding judicial investigation.At present,the international community has tried to jointly cope with money laundering crimes.Because money laundering is transnational,this means that anti-money laundering work must be internationally coordinated.Now China is also deeply harmed by money laundering crimes,and it is urgent to strengthen anti-money laundering cooperation.At present,it seems that international legislation and systems have been established,as well as relatively complete anti-money laundering international cooperation mechanisms,including the CRS in full swing in recent years.However,with the increasing number of anti-money laundering crimes in recent years,China's own level of anti-money laundering is relatively low.How to improve international cooperation and improve China's own anti-money laundering system is an issue that needs urgent solution.The issue of anti-money laundering in our country has already stood at the historical crossroads and we need to make clear choices.International cooperation in anti-money laundering refers to the formulation of international or trans-regional anti-money laundering entities under regional or international legal systems in accordance with certain principles.The in-depth development of this work requires the full cooperation of the international community.The United Nations Charter also made a series of corresponding specific provisions in Chapters 9 to 13."Promoting international cooperation" is one of the purposes of the United Nations.The "Declaration on Principles of International Law" reemphasizes that all countries should conduct multi-dimensional cooperation in curbing international money laundering and use the principle of international cooperation as the basic criterion for adjusting international relations to control the crime.As far as the current status of international cooperation in anti-money laundering is concerned,it is obviously different from other control measures.Its characteristics are as follows: Anti-money laundering has diversity for the subject.This is a arduous and systematic and professional task that requires concerted efforts among countries,regions and departments to achieve the desired goals.International anti-money laundering cooperation usually includes cooperation between partners,judicial departments,anti-money laundering financial institutions,non-anti-money laundering financial institutions and other different departments.In the country,the National Anti-Money Laundering Information Detection and Processing Center cooperates with foreign countries in anti-money laundering intelligence exchange.Taking the European Council as an example,the foreign countries make detailed arrangements regarding the anti-money laundering intelligence exchanges of financial institutions as well as issues concerning control practices.The FATF plays an irreplaceable role as a global anti-financial crime cooperation organization.Other regional organizations,such as the Caribbean Anti-Money Laundering Financial Action,also have a positive impact on the anti-money laundering work in their region.The contents of international anti-money laundering cooperation are very complex,mainly in the following aspects:(1)Legislative cooperation requires that the international community can better organize member states to cooperate under a legal framework that achieves consensus.(2)Judicial cooperation.It mainly involves criminal judicial assistance and extradition procedures.Be able to obtain the right to investigate and obtain evidence on international crimes,obtain relevant confessions,search and seizure,hand over physical evidence,etc.,return stolen goods and hand over convicted persons.(3)Administrative law enforcement cooperation.Mainly refers to the country through the diplomatic way to make anti-money laundering work among the cooperative members.International cooperation often has many limitations.The main reason is that all countries are dealing with international political and economic relations in order to realize the maximization of their own interests,which leads to theinability to collaborate.The opposition of political and economic systems or ideologies in various countries also has an adverse effect on anti-money laundering cooperation.For the above reasons,international anti-money laundering cooperation is often constrained by various factors.Second,how each sovereign country protects its own interests without harming the interests of other countries is itself a very difficult issue.And those who are harmed will not agree to such cooperation.In fact,international international cooperation in anti-money laundering such as information exchange does not generally have many technical obstacles.In terms of extradition and international confiscation cooperation,it is due to the legal culture and traditions of different countries,political systems,and the cooperation of relevant countries in these fields.Often encounter difficulties.In addition,there is also a “wood barrel effect” that controls money laundering in all countries.The areas most affected by money laundering are often those where the legal system is weak or where money laundering activities have not been severely hit.As far as China's current situation is concerned,the problem of anti-money laundering is very serious,but it has still not received a severe crackdown from the judicial department.The most compelling issue is the corruption of corrupt officials.At present,there are as many as 4,000 suspects of corruption and bribery on record in China,and the amount involved is as large as 5billion.A very small number of these people can be extradited and their transfer of funds is almost impossible to recover.Global or regional relevant international organizations have implemented and operated these mechanisms and achieved some results.China has made some progress in international anti-money laundering cooperation,but many problems still need to be resolved.Therefore,this paper attempts to study the form,content,and mode of operation of the current anti-money laundering cooperation mechanism in the world,and hopes to provide a certain reference for China's participation in international anti-money laundering cooperation.