银行业反洗钱的刑事规制

Criminal Regulation of Anti Money Laundering in Banking Industry

落实好银行业反洗钱工作是反洗钱工作进入法治轨道的重要基点。我国银行业反洗钱工作开展时间虽然相对较长,也形成了相对完善的体系,但还存在银行角色定位有误、反洗钱工作过度行政化以及银行内部合规计划华而不实等不足之处。只有刑事规制能发挥银行业反洗钱的内驱力从而补足上述缺陷。欲用洗钱罪规制银行业之行为,对银行业课以较高注意义务,加强内部合规与外部追责之间的联系。

The implementation of anti money laundering in banking industry is an important basis for anti money laundering to enter the track of rule of law. Although the anti money laundering work of China’s banking industry has been carried out for a relatively long time and has formed a relatively perfect system, there are still some deficiencies, such as wrong bank role positioning, excessive administration of anti money laundering work and flashy but not substantial internal compliance plans of banks. Only criminal regulation can give play to the internal driving force of banking anti money laundering, so as to make up for the above defects. In order to regulate the behavior of the banking industry with the crime of money laundering, we should impose a higher duty of care on the banking industry and strengthen the relationship between internal compliance and external accountability.