| The Anti-Money Laundering Law of PRC promulgated on 31st October in 2006 recognizes"know your customer","keep customers'identity and trade records","report large value and suspicious trades"systems for the first time by law, imposes financial institutions the duty of reporting their customers'relative information in statutory instances, and emphasizes the anti-money laundering administrative supervision and management department and their personnel the power of obtaining relative persons'financial information.The 2007 year is the first year of implementation of the Anti-Money Laundering Law. When the anti-money laundering work is progressing, one question attracts people's attention: during the anti-money laundering work, is there any possibility of infringement of relative person's right of privacy? If so, how to avoid or settle this problem? Firstly, from the anti-money laundering legal system and the relative regulations of the private right of China, this article analyses their legal status quo and defects in details and concludes that according to the current setup of these two aspects, there is surely possibility of infringement of right of privacy during the anti-money laundering work; secondly, analyses anti-money laundering and protection of right of privacy essentially and brings forward the principles of dealing with their relation; finally, basing on the above analyze, comes up with advices and countermeasures against the phenomena of infringement of right of privacy during the anti-money laundering work.The originalities of this article are:1) Academic values are:a) that it analyzes the Anti-Money Laundering Law from the angle of protecting right of privacy and points out that this law tends to weaken the protection of right of privacy, which ring the alarm to strengthen the protection of right to privacy in the anti-money laundering;b) that explain the relationship of anti-money laundering and private right protection from the essential lay and points out that anti-money laundering is just one of the exceptions to protection of right of privacy;2) Practical significances are:a) that comes up with advices and countermeasures from the aspects of civil law, financial institutions secrecy law and anti-money laundering law;b) that shows the difficulties and barriers in anti-money laundering work, and reminds the relative institutions and their official personnel of attaching equal importance to anti-money laundering and protection of right of privacy. |
