總體國家安全觀下，我國反洗錢的刑事法律規制

Anti-Money Laundering Criminal Legal Regulations in China from the Perspective of the Overall National Security Concept

非傳統國家安全是總體國家安全觀的重要內容。隨著洗錢的日益發展，其危害性開始發生裂變，從初期依附于上游犯罪的單一屬性中脫離出來，逐漸地升級為非傳統安全的突出問題，反洗錢由此被提升到維護國家安全和國際政治穩定的整體戰略高度。反洗錢作為一個連接點，將我國的金融安全、打擊恐怖主義、國際合作等許多非傳統國家安全問題聯系在一起，成為踐行總體國家安全觀的重要環節和抓手。鑒于洗錢的危害性和嚴峻態勢，我國已經建立起比較完備的反洗錢刑事法律體系。但是，面對新的復雜形勢和國際合作的大背景，我們需要將反洗錢置于總體國家安全觀的視角下進行檢視，充分認識反洗錢在推進國家治理體系和治理能力現代化、維護經濟社會安全穩定中的作用，并且以我國明確承諾執行的國際反洗錢通行標準為參照系，從進一步完善反洗錢刑事立法、強化打擊洗錢犯罪的司法意識、提升司法實踐效果等多個層面予以落實。

"Non-traditional national security is an essential part of the overall national security concept. With the increasing development of money laundering, its harmfulness began to fission. It broke away from the single attribute attached to upstream crimes in the initial stage, and gradually escalated into a prominent problem of non-traditional security. Anti-money laundering was thus promoted to safeguard national security and international political stability in the view of the overall strategic height. Anti-money laundering has a very broad radiation. As a connecting point, it links many non-traditional national security issues such as China’s financial security, combating terrorism, and international cooperation. It is an important part of maintaining the national security system and has become a practice. It has also become an important link and grasp of the overall national security concept. In view of the harmfulness and severe situation of money laundering, after a long period of practice and development, China has already established a relatively complete anti-money laundering criminal legal system. However, in the face of the new complex situation and the background of international cooperation, we need to re-examine anti-money laundering from the perspective of the overall national security concept. Therefore, we could fully understand that anti-money laundering plays a role in promoting the modernization of the national governance system and governance capabilities, and maintaining economic and social security. Applying the international anti-money laundering standards that China has clearly committed to implement as a frame of reference, it will be implemented from multiple levels such as further improving anti-money laundering criminal legislation, strengtheningjudicial awareness of combating money laundering crimes, and improving judicial practice."