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Research On The Legal Issues Of International Cooperation In Combating Cross-border Money Laundering Crimes Of Virtual Currency

Posted on:2021-01-31Degree:MasterType:Thesis
Country:ChinaCandidate:J S ZouFull Text:PDF
GTID:2436330626459642Subject:International law
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Virtual currency is an invention of blockchain technology applied in the field of economy and finance.It is characterized by decentralization,anonymity and convenience.In the field of financial crimes,cross-border money laundering is generally carried out through underground Banks,casinos and other carriers.Thanks to the emergence of virtual currency,the Internet has become a major area for cross-border money laundering,which greatly increases the difficulty of combating cross-border money laundering.In the process of combating cross-border money laundering of virtual currency,countries will encounter various problems in the areas of jurisdiction,jurisdiction and the recognition and enforcement of criminal judgments.Although the use of virtual currency is banned in China,cross-border money laundering activities of virtual currency are very active in China and little known to the public,which will have a great impact on China's financial order.Therefore,it is necessary to study the problems in cross-border money laundering crimes of virtual currency.This paper adopts data analysis method and comparative research method.Firstly,it lists the amount of virtual currency involved in crimes in 2017,2018 and 2019 globally,indicating that the crime risk prevention of virtual currency cannot be underestimated.Then,with the laws of the United Nations,the European Union,the United States and other international organizations and countries,it states the jurisdiction,jurisdiction,recognition and enforcement of criminal judgments and other issues in the cross-border money laundering crime of virtual currency,so as to provide ideas for the analysis of the predicament in the cross-border money laundering crime of virtual currency in China and propose solutions.This paper is divided into three parts.The first chapter introduces the basic concept of virtual currency in use,which provides the background for the discussion of international law on cross-border money laundering of virtual currency.Chapter two discusses the international law problems that exist in the cross-border money laundering crime of virtual currency.The first is how to delimit the scope of cases of cross-border money laundering crime of virtual currency and how to stipulate jurisdiction.Second,how to recognize and enforce the judgments of foreign courts on the crime of cross-border money laundering of virtual currency? The connection between the two problems lies in the following: the jurisdiction of cross-border money laundering crime of virtual currency determines the basis of jurisdiction,which in turn determines the recognition and enforcement of foreign criminal judgments.Based on the comparison,the third chapter analyzes the predicament of cross-border money laundering of virtual currency in China and puts forward some Suggestions to solve the dilemma.First of all,the predicament of the jurisdiction and jurisdiction of cross-border money laundering crime of virtual currency in China can be solved through the flexible application of the provisions of the criminal law and the adoption of the criminal procedure transfer jurisdiction system.Secondly,the virtual currency cross-border money laundering crime problem of recognition and enforcement of criminal judgment,the recognition pattern in our country should be updated,take a conditional admit foreign judgment model,based on the principle of reciprocity,adhere to the principle of anymore,at the same time,in the implementation,to carry out asset sharing mechanism,improve the efficiency of criminal judgment enforcement between countries..
Keywords/Search Tags:Virtual currency, Cross-border money laundering, Jurisdiction, Recognition and enforcement of criminal judgment
PDF Full Text Request
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