我國於1996年制定洗錢防制法，施行後發現或有規定不完善或有闕漏，而進行數次修訂，惟目前我國防止犯罪所得移轉制度仍有許多缺失。再者，我國雖有法令對犯罪者科處刑罰，然而成效有限，若能將犯罪者之不法利益充公歸繳，使其不能終極享用之，始能遏止犯罪者之犯罪行為。 本文除參考國內相關文獻、期刊分析外，並參酌國際公約與立法例進行研究，以本法洗錢防制之犯罪所得沒收在實務運作上有無窒礙難行，或其要件有無闕漏或增修之必要為研究目的，再與各國或國際規範作比較，將比較之優缺點作整理，冀望未來修法時，能提供主管機關參考，使能達到防制洗錢，追查重大犯罪的目的。 The Money Laundering Control Act (MLCA) came into force in 1996. There are some deficiencies being found after implementation. Therefore, The Money Laundering Control Act of Taiwan was amended several times.While, there are still lots of defects to prevent to transfer crime income in Taiwan now. Although there have some penalties to punish theses crimes, however it is does not enough to desist people from committing crime. If we can forfeit the crime benefits, the criminals will lose the motive of perpetration and reduce the criminal action.This thesis according to foreign legislations and international conventions and refers the documents, periodicals come from this country. It is mainly aimed at the researches on the practical operation obstacles of Anti- Money Laundering and Expropriation of Illegal Proceeds, and the necessities of further amendment for improving the deficiencies and omitted matters in the MLCA, and then compares with the related regulations of confiscation insurance from foreign legislations and international regulations. The advantages and shortcomings will be sorted and presented after comparison. Furthermore, suggestions will be proposed to authorities for further reference on the amendment of MLCA in the future.
