Legal Supervision Of Anti-money Laundering By Third-party Payment Institutions In My Country

For a long time,China has adopted the bank-centered financial supervision mode in the anti-money laundering supervision of third-party payment institutions,and the relevant laws and regulations are also built according to this aspect.Money laundering and anti money laundering are two aspects of the same thing,for money laundering,China's criminal law regulation with the core of the 191PC,however,for anti-money laundering in China present,only the administrative laws and regulations to be adjusted,and they are all around banks and other financial institutions.There is a lack of targeted regulation of anti-money laundering by third-party payment agencies,whether in administrative or criminal law.Therefore,the third-party payment institutions should not only face the impact of money laundering crimes,but also bear the negative impact of anti-money laundering negligence.China has promulgated relevant regulations and documents on anti-money laundering by third-party payment institutions.After sorting out and researching,it is found that third-party payment institutions still have shortcomings in anti-money laundering,which are mainly reflected in three aspects:First,at the level of administrative supervision.At the level of supervision mechanism,there are problems of disharmony of relevant regulations of supervisory departments and failure of supervision mechanism.In terms of regulatory legislation,there are problems with the low level of legislation in anti-money laundering regulations and documents of third-party payment institutions,and lack of operability in the regulatory requirements of anti-money laundering internal control.The second is the level of criminal regulations.China has Article 191 of the Criminal Law as the core to regulate money laundering,and there is no criminal evaluation of anti-money laundering dereliction of duty,which is specifically manifested in the criminal structure of money laundering crime.The third is the anti-money laundering supervision of cross-border payment business.Cross-border payment business involves both domestic and overseas countries,and both the anti-money laundering due diligence of third-party payment institutions and the regulatory measures of regulatory authorities are restricted.In order to strengthen the effectiveness of anti-money laundering of third-party payment institutions,administrative supervision should start from the improvement of relevant regulations and requirements on anti-money laundering of third-party payment institutions.Need to define the legal orientation of third-party payment institutions non-financial institutions,on the basis of perfecting anti-money laundering core under the third-party payment system,clarify the responsibilities of each supervision department at the same time,and establish effective supervision coordination mechanism.In the 11th Amendment to Criminal Law of China,some provisions of the crime of money laundering have been modified,and "self-money laundering"behavior has been added to constitute the crime of money laundering.Anti-money laundering dereliction of duty behavior still lacks criminal law constraints.To improve the composition of the crime of money laundering,expand the scope of upstream crime,through moderate expansion,including illegal business crime,gambling crime,tax crime and other related crimes into the upstream crime of money laundering crime.Expand the content of the subjective aspect of the crime of money laundering and bring the subjective negligence into the crime of money laundering.Increasing the way for money laundering crime,whether it is to cover up,conceal and transfer the criminal income and its income,or the ultimate acquisition,possession and use of the criminal income and its income,can be identified as money laundering behavior.On the other hand,the anti-money laundering supervision of cross-border payment business needs to be improved from the following aspects:the division of supervision departments,the strengthening of the direction of capital flow management,the establishment of anti-money laundering blacklist and the strengthening of international cooperation against money laundering.