我国反洗钱制度的追溯与重构——以总体国家安全观为视角

Retrospect and Reconstruction of Anti-money Laundering System in China from Perspective of the Overall National Security Concept

我国反洗钱制度历经从无到有、从有到专、从专到全、从全到深的演化,取得了重大进展,但仍面临着前置法防控效果有限、刑事立法不周延、协调合作机制不畅、打击洗钱犯罪合力不足等诸多局限。对此,在总体国家安全观的视角下,我们有必要重构综合反洗钱监管体系,强化行刑衔接机制,严密刑事法网,将反洗钱渎职行为入刑。同时,建立健全专业化、一体化、规范化执法司法协作工作机制,强化公、检、法之间的协调配合与监督制约功能,形成司法合力,有效遏制洗钱犯罪的蔓延,充分发挥反洗钱制度在维护国家安全、社会稳定中的保障作用。

Anti-money laundering system in China has undergone an evolution from scratch,from existence to specialization,from specialization to comprehensiveness,and from comprehensiveness to in-depth,and has made significant progress. However there are still many defects such as limited prevention and control effect of the front law,insufficient criminal legislation,poor coordination and cooperation mechanism,and inadequate joint force to fight against money laundering. To this end,from the perspective of the overall national security concept,it is necessary to reconstruct the comprehensive antimoney laundering supervision system,strengthen the connection mechanism between administrative law enforcement and criminal justice,tighten the criminal law network,and penalize anti-money malfeasance. At the same time,a professional,integrated,and standardized law enforcement and judicial cooperation working mechanism should be established and improved,the coordination and cooperation between the public,procuratorial,and legal functions as well as supervision and restriction should be strengthened to form a judicial synergy,curb money laundering crimes effectively and give full play to the role of anti-money laundering system in maintaining national security and social stability.