Study On The Legal Regulation System Of Anti-money Laundering Under Third Party Payment

With the continuous development of Internet technology,third-party payment has brought convenience to People’s Daily life,but it may also become a tool of money laundering.Money laundering crime combined with new third-party payment presents different characteristics from traditional money laundering crime,money laundering crime becomes more hidden and fast.Therefore,in order to fight money laundering more effectively and maintain the national economic order,it is necessary to study the anti-money laundering standard system under the third-party payment.Apart from the introduction,this paper has four parts:The first part summarizes the basic theories from the perspectives of money laundering and anti-money laundering.From the development of money laundering and its criminal ways,and then linked to the third party payment under the money laundering.This paper analyzes the money laundering activities under the third-party payment by combining several typical cases,and summarizes the types,processes and characteristics of money laundering under the third-party payment.The development of anti-money laundering develops along with the crime of money laundering.The development of the crime of money laundering gives birth to the establishment of international anti-money laundering organizations such as the Financial Action Task Force(FATF).These international organizations have played an important guiding role in the construction of the anti-money laundering system in their member states.As far as the necessity of anti-money laundering under the third-party payment is concerned,the combination of money laundering crime and third-party payment provides a fund conversion channel for other crimes,covers up and encourages other kinds of illegal and criminal behaviors,thus giving rise to new crimes and seriously damaging the economic order and judicial order of our country.Therefore,it is necessary to improve the legal system of anti-money laundering under third party payment.The second part summarizes domestic and foreign anti-money laundering legal norms and systems.In terms of the standard system of Chinese criminal law,the regulation system of money laundering crime in Chinese criminal Law is composed of many charges,among which the core of money laundering crime is embodied in its development process that the understanding of money laundering crime is deepening gradually in our country.Its development can be summarized into the following three stages: initial stage,establishment stage and perfection stage.In terms of China’s administrative laws and regulations,the Anti-Money Laundering Law of the People’s Republic of China issued in 2006 is the most core,and the subsequent administrative laws and regulations are mostly supplements to this law.These laws established and continuously improved the anti-money laundering internal control system in our country,including mainly the customer identification system,suspicious or large transaction report system and the anti-money laundering incentive system.In terms of foreign legal norms and systems of the anti-money laundering,the legal norms of America,Britain,Germany and European Union were relatively perfect,which can provide reference for our country.Expand the scope of crimes upstream of money laundering crimes,further strengthen the "risk-based" supervision concept,strengthen the construction of internal control system and anti-money laundering incentive mechanism of third-party payment institutions,adapt to the development of science and technology and use of new technologies.The third part puts forward the deficiency of legal norm system of anti-money laundering under third party payment.In terms of the criminal legal standard system,the object of the crime of money laundering has the problems that the object of the crime is classified as unreasonable,the scope of the upstream crime is too narrow,and there is a lack of punishment for the negligent money laundering.Moreover,according to the United Nations Convention against Corruption,the criminal law of our country does not list "the act of obtaining,possessing or using criminal income" as a crime.As far as administrative legal norm system is concerned,anti-money laundering legal norm system needs to be improved.For example,the Anti-Money Laundering Law is too brief and lacks operability,and is inconsistent with the requirements of FATF40 recommendations;The lack of strict disciplinary measures in the customer identification system leads to the third-party payment institutions not fully fulfilling the obligation of customer identification in consideration of operating costs;The suspicious transaction reporting system leaves the standards of suspicious transactions to the third-party payment institutions to determine,which leads to the inconsistency of standards and the inability to mobilize the initiative of the third-party payment institutions.The anti-money laundering incentive system only emphasizes the reward to other informants,but does not reward the third-party payment institutions that actively fulfill the obligation of anti-money laundering.The fourth part puts forward some suggestions for the shortcomings.From the perspective of criminal law,the crime of money laundering can be separated from the crime of destroying financial order,refer to the smuggling crime and form the crime of money laundering according to the type of upstream crime of money laundering.Add national security crimes,gun crimes,tax crimes,fraud crimes as the upstream crimes of money laundering;Learn from Germany,will be negligent money laundering as a crime;Make it a crime to "knowingly obtain,possess or use the proceeds of a crime." From the perspective of administrative law,it is necessary to establish clear and strict disciplinary measures and adhere to the principle of differentiation to improve the customer identification system.Establishing uniform standards for reporting suspicious transactions;Establish an anti-money laundering effect rating system,and reward qualified third-party payment institutions based on this,reduce operating costs,and mobilize the enthusiasm of third-party payment institutions for anti-money laundering.