Research On My Country's Third-party Payment Anti-money Laundering Laws And Regulations

In recent years,money laundering has become more and more rampant,and the means of money laundering have been constantly innovating.The third party payment,as a new mode of payment,has also become one of the channels of money laundering while it facilitating people's life.Face-to-face relationship and anonymity,geographical scope and segmentation of services,mode of capital injection and the possibility of obtaining cash make it possible to wash the black money.Third party payment anti-money laundering legal regulation is the inevitable request to prevent and fight crime activity,to promote the longterm development of payment industry and to maintain good national image.At present,China has initially formed a "payment institution anti-money laundering and anti-terrorism financing management measures" mainly targeted legislation,with the central bank as the main regulatory authority of the regulatory mechanism,the establishment of China's pay and clearing association as the representative of the industry self-discipline organization.However,we should see that there are still many advantages in the legal regulation of the third party payment for anti-money laundering,which can not effectively curb the conduct of money laundering.Therefore,based on the analysis of the concept,step and mode of the third party payment and money laundering,this paper probes into the insufficiency and the perfect path of the third party payment anti-money laundering legal regulation in our country.The first part mainly introduce the theory of the third party payment and money laundering.On the basis of discussing the meaning and characteristics of the third party payment,this paper analyzes the legal relationship in the third party payment,and expounds the concept,step,influence factor and model of the third party payment money-laundering with the case as the cut-in point,which lays the foundation for the discussion below.In the second part,I discuss the present situation and shortcomings of the legal regulation of the third party payment of anti-money laundering in China.Introducing the current situation of the legislation of the third party payment against money laundering in China on the basis of the current situation of supervision,this paper analyzes the deficiencies of the legislation in the legal regulation of the third party payment anti-money laundering,the limitation of the criminal law,the imperfect incentive mechanism and the lack of full play of the industry self-discipline organization,hoping to discuss the next step on the basis of clarifying the present situation and insufficiency.The third part mainly puts forward the suggestions of the legal regulation of anti-money laundering.Based on the investigation and reference of Anglo-American experience in antimoney laundering,in view of the problems existing in the legal regulation of the third party payment anti-money laundering in our country,this paper puts forward some suggestions such as improving the legislative level,intensifying the crackdown on money laundering crime,perfecting the data sharing mechanism,perfecting the anti-money laundering incentive mechanism and giving full play to the role of the industry self-discipline organization.