The Research On Legislative Amendment Of Money Laundering From The Perspective Of Financial Action Task Force (Fatf) Evaluation Baizigeng

The FATF is Financial Action Task Force on Money Laundering.Since joining the organization in 2007,China has undergone two FATF mutual assessments.In the 2019 FATF-China Mutual Evaluation Report,China is voted as having a moderate level of effectiveness,which is a poor grade.Looking back at the 2007 FATF ’s first Mutual Evaluation Report of China,it can be found that the issues raised by China ’s Criminal Law on money laundering legislation have not been basically resolved.The latest assessment results in 2019 expressed dissatisfaction to China.This poses a challenge to our criminal legislation on money laundering.As we all know that the money laundering is not a native crime in China,but originates from the implementation of international treaties.The study of money laundering crime cannot be limited in the domestic perspective.The FATF assessment provides an effective international perspective for China to study money laundering crimes.The first part of this article is to raise questions.First,the latest FATF assessment in 2019 proposed a gap between China’s criminal legislation on money laundering and FATF standards.This gap directly affects the effectiveness of our country in combating money laundering crimes and hinders international mutual legal assistance on criminal justice.It challenged our legislation,.After that this article discussed the rationality and necessity of amending our country’s legislation according to the FATF assessment.FATF has unquestionable authority.It is our obligation to make up for the gap with the FATF standard.It is conducive to the development of international mutual legal assistance on criminal judicial,and the problems reflected in the FATF assessment objectively reflect the dilemma China is facing.The second part analyzes the reasons for the gap between China ’s legislation and FATF standards.First,it sorted out the specific gap between China ’s legislation and FATF standards in the two evaluations,and then analyze the reason for the formation of the gap,proceeded from the perspective of the formation of FATF theory and the backwardness of China ’s anti-money laundering theory.It is believed that FATF is based on international standards.Its definition of money laundering is in the same vein as international treaties.However,due to its inherent concept of traditional stolen crimes,China has not fully accepted international standards,which is the root cause of the gap.The third part is the creative achievements of this article.Following the above,the viewpoint of eliminating the gap between China’s legislation and the FATF standard is implemented as specific countermeasures,and three targeted countermeasures are proposed,consisting of the reclassification of the concept of crime,the criminalization of self-laundering and the criminalization of reckless money laundering,thus achieve the targets of refactoring the legislative system of money laundering crime,making up for the legislative loopholes of money laundering crimes and stitching the gap between FATF standards.