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Research On The Legal Issues Of Anti Money Laundering In Internet Finance

Posted on:2021-05-12Degree:MasterType:Thesis
Country:ChinaCandidate:Y H GaoFull Text:PDF
GTID:2416330620963780Subject:legal
Abstract/Summary:PDF Full Text Request
Money-laundering has become an international priority to combat illegal and criminal acts,not only endangering the national financial order,national security and stability,but also disrupting the international financial order,extremely harmful.All countries in the world are actively involved in anti-money-laundering operations and have established and improved their own systems.With the wide application of Internet technology,the integration of Internet and financial services has resulted in a variety of Internet financial services.Money-laundering criminals have turned their eyes to the Internet.With the help of the characteristics of Internet finance,money-laundering activities have been transferred from traditional money-laundering methods to modern Internet payment methods and platforms,thus providing many new money-laundering methods for money-laundering.But the characteristics of the Internet itself As a result,it is difficult to incorporate Internet money laundering into the traditional anti-money laundering legal system,and the anti-money laundering regulatory measures of traditional financial institutions can not adapt to the financial business model under the new Internet technology.In recent years,the anti-money laundering regulatory agency led by the central bank has continuously improved the Internet anti-money laundering laws,regulations and regulatory measures.First of all,from the basic theory of anti-money laundering,this paper introduces the related concepts of Internet finance anti-money laundering,that is,Internet money laundering and Internet anti-money laundering,in which the concept of Internet money laundering is introduced from three levels: meaning,characteristics and Internet money laundering channels,Internet money laundering is the use of the Internet to carry out the laundering of criminal proceeds,Internet money laundering channels are diverse,many advantages,different from the traditional financial institutions money laundering methods.The concept of anti-money-laundering on the Internet is carried out from two aspects: definition and necessity,highlighting the problems that Internet anti-money-laundering should pay attention to,hoping to integrate the way of Internet money-laundering into the traditional anti money launderingsystem,but hidden.The characteristics of sex,quickness,transspace and time make it impossible to fit into the traditional anti-money laundering system.Secondly,it introduces the monitoring platform of internet finance anti-money laundering and anti-terrorist financing network,which was officially launched in January2019,and finds its advantages and the significance of this reform.It also analyzes the current situation of the extraterritorial interconnected anti-money laundering legal and regulatory system,including international organizations,the United Nations,the Financial Action Task Force on Money Laundering,the United States and the European Union,and studies and finds out where our country can learn from it.Thirdly,summarize the current situation and existing problems of China’s Internet anti money laundering supervision.The current situation of Internet anti money laundering supervision mainly focuses on laws and regulations system,supervision of specific non-financial institutions,transparency of beneficial ownership,social environment and international cooperation,and find out the problems.For example,the scope of upstream crimes in criminal law and anti money laundering law is not wide enough In the face of the increasing ways of money laundering,the existing laws and regulations have limitations on the definition of money laundering,which can not achieve the role of punishing money laundering crimes;the scope of specific non-financial institutions is not clear,the regulatory coordination mechanism needs to be improved;the transparency of beneficial ownership is insufficient;the legal awareness of the public on anti money laundering is weak;the technical level of anti money laundering needs to be improved;and the supporting system is deficient.Finally,some suggestions are put forward for the anti money laundering of Internet finance.Improve legislation,for example,propose to expand the scope of upstream crimes in the criminal law,increase the administrative punishment of anti money laundering in the anti money laundering law,etc.;strengthen the publicity of anti money laundering,improve the self-discipline of the Internet industry;improve the supervision mechanism of specific non-financial institutions;establish a centralized and unified beneficial ownership information registration system;make full use of artificial intelligence,biological identification and large number According to the report,cloud computing,blockchain and other technologies haveestablished information sharing platforms to alleviate the problems of information asymmetry and high supervision cost in traditional anti money laundering;increase the strength of rewards and punishments,and strengthen the supporting constraint system.
Keywords/Search Tags:Internet finance, money laundering crime, anti money laundering, legal system
PDF Full Text Request
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