我国制定《反洗钱法》的必要性及其立法模式探究

由于目前我国《反洗钱法》阙如,反洗钱法律制度体系需要进一步完善,故制度和法律层面某些缺失已成为打击洗钱犯罪的瓶颈,也与发达国家存在较大差距。制定《反洗钱法》的必要性、迫切性也在于此。制定《反洗钱法》有国外成型经验可资借鉴,但必须立足符合中国国情。总的说来,《反洗钱法》在我国属于行政法规范。《反洗钱法》应以违法和犯罪预防为其基本理念,以单纯的行政法规范为其主要内容。

On the Necessity of Formulating the Law of Anti- Money Laundering in China and Discussion of the Pattern of Legislation

At present,there is not the Law of Anti-Money Laundering in China,so we need to further improve the system of anti-money laundering.The lacking of legal system and some laws of anti-money laundering has become the bottleneck of combating the crime of money laundering,and there is a big gap with the developed countries.Thus,Formulating of the Anti-Money Laundering Law has the necessity and urgency from this.Formulating of the Anti-Money Laundering Law can learn from foreign experiences,but must be based on the situation of China.Overall,the Anti-Money Laundering Law in China should belong to administrative law.The Anti-Money Laundering Law should take illegal and the prevention of crime as its basic idea,take pure administrative standard as its main content.