An Analysis On The Right And The Duty Of The Commercial Bank In Anti-money Laundering

Money laundering crime is a kind of multinational crime. Wash money behavior and nations contain the organization crime, the policy of terror crime, national office-holder job crime collaborate with mutually, challenge seriously international economy, politics and social order, have become to affect international peace and development" cancer". Therefore, how prevent from and control money laundering crime availably, relate to the international politics directly, the economic order set up and the mankind are peaceably with the health of development. In recent years, our country pays more attation to the danger of the anti money laundering, anti- money laundering lawmaking also gradually perfect. The first on the our country history of October of 2006 concerning anti- money laundering method work of specialized law《the People's Republic of China anti-money laundering method》was passeed formally, symbolize our country anti- money laundering work and exceeded the one step of the key in the orbit that legalize and internationalize. That method is definitely anti- money laundering corpuses is a financing institution. The mark think to once do bank compare society of bookkeeping, the meaning is to say that the bank should has to control to the sequence of events of each money, and washes money the big part also is to pass the methods, such as the bank funds access and the bank account transfer etc. to turn illegal income to row for superficial legal of income, so the commercial bank be the representative of the financing institution to act as anti- money laundering vanguard duty-bound. The further reason follows the commercial bank in anti- money laundering work of law position and law relation, thorough research commercial bank at the right and the duty in anti- money laundering, to the full transfer commercial bank anti- money laundering, the right and the duty subjective and can move sex and exertive the commercial bank is anti- and wash the biggest energy of money and can rise the certain function. The problem of this text research, similar to the non- bank financing institution is anti- money laundering in also is existent in the other bank, therefore, money laundering work to also have to draw lessons from the meaning towards studying other financing institutions.Study anti-money laundering to say too much, however commercial bank at the right and the duty in anti- money laundering and its law responsibilities to carry on elaborate empty, and didn't yet see carry on the article of the thin treatise for its right part currently. Our country and in the world most nations, such as the United States, Australia, Japan, Germany, all ruled with the different form the commercial bank contain customer identify, big sum and suspicious trade the record conservancy, report, check to check, help to check of duty, but solve the research of this part to the right and right of the commercial bank and the antinomy of the duty weaker.This text divides the five greatest parts to carry on elaborate to the commercial bank right and duty. The first part becomes the important tool of money laundring to carry on to the commercial bank the reason analysis easily understoodly; Then from the objective exterior form of the commercial bank, way that clarifies to wash money usually direct or the indirectly have something to do with commercial bank; The essence characteristic of the finally thorough analytical commercial bank comes to a decision the tool that it becomes money laundering.The second part basis《anti- money laundering method》, to the our country anti-wash the corpus, a body of money currently, and it is mutually it the law of the relation carried on analysis, explicit the financing institution is in anti-ly wash money go to close the important position.The third part went into detail exclusively our country and international last commercial bank currently anti- wash the right and the duty of money. Anti- money laundering duty aspect in the commercial bank, the ready-made international local law laws is a lot of also all very explicit, the writer does to discuss completely; Anti- in the commercial bank wash money right aspect, the writer is from the method educational circles the basic theories concerning right and duty set out, although the certificate have no currently particularly the text discusses the commercial bank anti- wash the right of money, actually certainly anti- wash the duty of money implicit the right of the commercial bank, the commercial bank wants to slice to implement actually anti- wash the duty of money and must give it the certain right, and emphasized the our country commercial bank currently anti- money laundering conduct and actions with not be of right, anti- to commercial bank from many on the sides washed money right to carry on the treatise. End, to the commercial bank at the time of anti-ly washing the antinomy of the right and the duty in money to carry on the analysis, putting forward practicing to punish severely to make to the commercial bank, should build up the commercial bank anti- money laundering just to encourage the mechanism.The fourth part to commercial bank at anti- washed the law in money responsibility to carry on the treatise. The law of the contrast abroad, analyzed the our country the administration responsibility, the civil case responsibility and pertaining to crime responsibilities of the commercial bank currently.The fifth part is current to our country anti- money laundering law system to carry on to consider thoroughly, and the angle of anti-money laundering from the commercial bank, put forward beneficially perfect suggestion.