| In the latest90’, with the marketization of Chinese financial section, money launderer started to utilize the Chinese financial system to lauder illegal income, and the laundering amount is gradually expanding. This has, on one hand, disturbed the administrative order and the transaction order of the Chinese financial sector, on the other hand, results in instability to the public safety and state security. The criminalization of money laundering started in latest90’in China, while the relevant administrative legislation began in the early20th century. During such period, China has declared its decision to join FATF and finally become one of its members in2007. Through such process, Chinese has established its AML system, which has been largely influenced by of FATF recommendations.Before analyzing the influence of the FATF recommendations, its character and validity should be clarified. Therefore, in the first chapter, through the summary of the background of the FATF recommendations, I will try to reveal that the FATF recommendation is a soft law for the purpose of global governance. Although FATF recommendations are not a formal international law, as an important document of an international organization, FATF recommendations should be classified as the soft law for global governance. Through the state commitment and the mandate, and other international law, FATF recommendations now have a binding effect upon China,In the second chapter, the main content and the FATF recommendations will be summarized and the underlying rationality in the system designed will be analysed. The FATF recommendations are made according to the unique features of money-laundering, and therefore be accepted by the international community.In the third chapter, I will analyze the influence of FATF recommendations on Chinese criminal legislation. The influence of FATF recommendations on China can be divided into three periods. The relevant Chinese criminal legislation has been influenced through all the three periods in respect of predicate offences, the determination of subjective factor, etc. However, several aspects such as the self-laundering, confiscation still need further improvement according to the gap analysis.The influence of FATF recommendation of the Chinese administrative legislation will be discussed in the fourth chapter. Regarding the administrative legislation, the main influences occur during the second and the third period in respect of the establishment of administrative system, the preventive measures of financial sector and the relevant system of non-financial sector. The PRC AML Law promulgated in2006is basically drafted upon the framework set forth in the FATF recommendations. After2007, the FATF recommendations have influenced Chinese AML system through the eight evaluation reports. As for the problems or incompliance mentioned in the reports, Chinese government has taken relevant measures to remedy them. Most of the FATF evaluation results have reached Compliance or Largely Compliance in2012, indicating that our efforts in this regard have been acknowledged by FATF.The fifth chapter will introduce the revision of the FATF recommendations and its potential influence on Chinese legislation. First of all, the system of state AML risk evaluation should be established and the relevant rules and regulations should be review based on the result of risk evaluation. The preventive measures of financial sector should be enhanced according to the new recommendations. Regarding the non-financial sectors, relevant AML system should be established on the basis of the risk evaluation. |
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