反洗钱国际合作的法律机制研究
发布时间:2018-11-18 11:08
【摘要】:洗钱行为的跨国性要求反洗钱必须进行国际合作。中国也面临着洗钱的严重威胁,也需要在反洗钱方面加强国际合作。本文首先阐明了洗钱行为的含义、特点及危害,指出洗钱犯罪是一种严重的国际性的犯罪,洗钱犯罪的危害性日益严重,破坏了经济活动和国内外正常的经济秩序,也严重妨害了司法活动的正常进行。如何遏制洗钱罪,已成为国际社会面临的一个共同课题。其次介绍了国际范围内反洗钱国际合作机制的现状,及其反洗钱国际合作的必要性。自20世纪80年代以来,联合国等国际组织以及其他政府与非政府组织采取了积极的应对措施,制定了一系列反洗钱国际公约、法律法规和建议,逐步形成了完整的、多层次的反洗钱标准体系,在打击洗钱方面发挥着重要作用。还有一些职能性国际组织也加强了国际反洗钱的合作。为了有效地遏制洗钱犯罪,国际社会有必要开展行政方面、警务方面与金融机构之间的合作。 接下来文章重点介绍了我国的反洗钱国际合作机制的现状及其存在的问题,并进一步提出了改进的方案和措施。近期,我们不但要积极争取加入反洗钱国际组织,还要与世界各主要国家和地区尤其是发达国家的反洗钱工作部门建立反洗钱双边合作关系,在多边和双边的框架内,开展反洗钱信息交流、情报互换、合作培训、协助调查、追回财产并引渡外逃犯罪嫌疑人等工作。在国内,应进一步加强对非金融部门的反洗钱指引,对外,应在平等互惠的前提下,为外国执法机关提供协作。
[Abstract]:The transnational nature of money laundering requires international cooperation in anti-money laundering. China also faces the serious threat of money-laundering and needs to strengthen international cooperation in anti-money-laundering. This paper first expounds the meaning, characteristics and harm of money laundering, and points out that the crime of money laundering is a serious international crime, and the crime of money laundering is becoming more and more harmful, which destroys the economic activities and the normal economic order at home and abroad. It also seriously hinders the normal conduct of judicial activities. How to curb the crime of money laundering has become a common issue facing the international community. Secondly, it introduces the current situation of international anti-money-laundering cooperation mechanism and the necessity of anti-money-laundering international cooperation. Since the 1980s, the United Nations and other international organizations, as well as other governmental and non-governmental organizations, have taken active measures and formulated a series of international conventions, laws, regulations and recommendations against money-laundering. Multi-level anti-money-laundering standard system plays an important role in anti-money-laundering. Other functional international organizations have also strengthened international cooperation against money laundering. In order to effectively curb the crime of money laundering, it is necessary for the international community to cooperate with financial institutions in administrative and police fields. Then the article introduces the current situation and existing problems of the international cooperation mechanism of anti-money laundering in China, and puts forward further improvement programs and measures. In the near future, we will not only actively seek to join the International Organization against Money-Laundering, but also establish bilateral cooperation relations with anti-money laundering departments in major countries and regions of the world, especially in developed countries, within a multilateral and bilateral framework. To exchange information on anti-money laundering, exchange information, cooperate in training, assist in investigation, recovery of property and extradition of criminal suspects who have fled abroad. At home, anti-money laundering guidelines for non-financial sectors should be further strengthened, and cooperation for foreign law enforcement agencies should be provided to foreign law enforcement agencies on the premise of equality and reciprocity.
【学位授予单位】:东北大学
【学位级别】:硕士
【学位授予年份】:2010
【分类号】:D997.9;D998.2;D822.3
,
本文编号:2339866
[Abstract]:The transnational nature of money laundering requires international cooperation in anti-money laundering. China also faces the serious threat of money-laundering and needs to strengthen international cooperation in anti-money-laundering. This paper first expounds the meaning, characteristics and harm of money laundering, and points out that the crime of money laundering is a serious international crime, and the crime of money laundering is becoming more and more harmful, which destroys the economic activities and the normal economic order at home and abroad. It also seriously hinders the normal conduct of judicial activities. How to curb the crime of money laundering has become a common issue facing the international community. Secondly, it introduces the current situation of international anti-money-laundering cooperation mechanism and the necessity of anti-money-laundering international cooperation. Since the 1980s, the United Nations and other international organizations, as well as other governmental and non-governmental organizations, have taken active measures and formulated a series of international conventions, laws, regulations and recommendations against money-laundering. Multi-level anti-money-laundering standard system plays an important role in anti-money-laundering. Other functional international organizations have also strengthened international cooperation against money laundering. In order to effectively curb the crime of money laundering, it is necessary for the international community to cooperate with financial institutions in administrative and police fields. Then the article introduces the current situation and existing problems of the international cooperation mechanism of anti-money laundering in China, and puts forward further improvement programs and measures. In the near future, we will not only actively seek to join the International Organization against Money-Laundering, but also establish bilateral cooperation relations with anti-money laundering departments in major countries and regions of the world, especially in developed countries, within a multilateral and bilateral framework. To exchange information on anti-money laundering, exchange information, cooperate in training, assist in investigation, recovery of property and extradition of criminal suspects who have fled abroad. At home, anti-money laundering guidelines for non-financial sectors should be further strengthened, and cooperation for foreign law enforcement agencies should be provided to foreign law enforcement agencies on the premise of equality and reciprocity.
【学位授予单位】:东北大学
【学位级别】:硕士
【学位授予年份】:2010
【分类号】:D997.9;D998.2;D822.3
,
本文编号:2339866
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