涉虚拟货币洗钱案件在我国呈翻倍式增长，对此，我国发布了一系列规范性文件专门加以规制。相较于传统洗钱犯罪，虚拟货币洗钱犯罪存在诸多特殊性，致使我国在规制该罪中面临困境。

首先，该类犯罪的特殊性。与传统洗钱犯罪相同，涉虚拟货币洗钱犯罪包括处置、离析、融合三个阶段，但每个阶段的行为方式均有别于传统洗钱犯罪。该类犯罪主要包括中心化和去中心化两种交易方式，前者依靠虚拟货币交易所完成，后者依靠区块链智能合约自动运行。虚拟货币洗钱犯罪具有系统性，存在明确的组织分工，手法专业；具有便捷性，短时间能够转移大量赃款；具有跨境化特征，利用监管政策宽松的国家实施洗钱的行为层出不穷，资金在各国金融体系间流转；且身份具有隐匿性，真实身份与交易信息无法一一对应。通过文献研究法、案例分析法与比较研究法可见，非法资金从我国流向境外的过程大多具备可监管性，但我国目前的打击能力主要集中于相对有迹可循的中心化交易，对去中心化交易的规制能力尚不足。

其次，该类犯罪的规制困境。现存法律规定仅关注一般的洗钱行为，缺少对虚拟货币洗钱特殊性的考虑；虚拟货币洗钱犯罪的监管政策均为位阶较低的规范性文件，内容不够全面，且缺乏可操作性、整体性和前瞻性。有效行使管辖权往往要依赖国际合作程序，受制于不同国家的政策差异，确定管辖归属、争取他国配合存在困难。在采集证据的过程中，反洗钱义务机构无法通过研判发现去中心化交易的线索，而其客户身份识别、可疑交易报告等制度对中心化交易的研判亦存在困难；虚拟货币交易的资金链被刻意延长，不同货币形式反复转换，致使资金链追踪困难；基于身份匿名性与电子数据易失性、时效性、易篡改的特点，收集调取证据亦面临困境。此外，犯罪团伙的首要分子隐藏于“买手”背后，全链条打击困难；虚拟货币不具有货币属性，亦导致追缴赃款面临困难。

最后，该类犯罪的规制路径。应当重视国际监管之引领，参照并变通履行FATF的建议。应有针对性地开展虚拟货币反洗钱立法，提高立法位阶，细化原有规定，并结合虚拟货币洗钱犯罪的特殊性作出规定；应坚持推广监管沙盒，制定科学的监管理念，在实践中完善监管机制；还应以大数据算法指导侦查，完善反洗钱数据库，建立“警银企”合作反洗钱系统，并依托社区算法开展交易监测。

The number of cases of money laundering crime involving virtual currency in our country shows a rapid growth recently. To this end, our country has issued a series of normalizative documents. Compared to the traditional money laundering crime, money laundering crime involving virtual currency has many particularities, leading to difficulties in the regulation process.

First of all, the particularity of money laundering crime involving virtual currency. Money laundering crime involving virtual currency, same as traditional money laundering crime, includes three stages: disposal, separation and integration, but the behavioral pattern at each stage is different from that of traditional money laundering crime. It mainly includes centralized and decentralized transaction modes, the former is completed by centralized virtual currency exchanges, and the latter is automatically operated by blockchain and smart contracts. The money laundering crime involving virtual currency is systematic, as there is generally a clear organization and a division of labor with professional approaches. It is convenient due to the capability of transferring a large amount of illicit money in a short time. With the characteristics of cross-border, the behavior of laundering money by taking advantage of countries with loose regulatory policies emerges one after another, and the funds are circulated among the financial systems of various countries. Additionally, the identity is concealed, transaction information cannot be matched with real identity correspondingly. Through literature research method, case analysis method and comparative study method, it can be seen that most of the process of illegal funds flowing from our country to overseas is regulable, but our current crackdown ability mainly focuses on relatively traceable centralized transactions, leaving the ability to regulate decentralized transactions insufficient.

Secondly, the difficulties confronted during the regulation of money laundering crime involving virtual currency. The existing laws and regulations only provide general direction on money laundering and lack of consideration of the particularity of money laundering crime involving virtual currency. The regulatory policies that focus on money laundering crimes involving virtual currency are normalizative documents of low rank whose content is not comprehensive enough, and lack operability, integrity and foresight. The effective exercise of jurisdiction often relies on international cooperative procedures, subject to the policy differences across countries, it can be difficult to determine the attribution of jurisdiction and seek cooperation from other countries. In the process of collecting evidence, the obligatory anti-money laundering organizations cannot find clues of decentralized transactions through research and analysis, and its systems such as customer identification, suspicious transaction report also have difficulties in researching and analyzing centralized transactions. The capital chain of virtual currency transactions is deliberately extended, money is repeatedly converted into different currency forms, making it hard to trace the capital chain. Due to the anonymous identity of virtual currency transactions and the volatility, timeliness, and easy tamper characteristics of electronic data, collecting evidence is also facing difficulties. Furthermore, the ringleaders of criminal gangs hide behind the “buyers” so that it’s hard to hit the whole chain of crime; Virtual currency does not have the property of money, which makes it difficult to recover illegal money.

Finally, the regulatory path of money laundering crime involving virtual currency. We should attach importance to the guidance of regulation at the international level, i.e., refer to and flexibly implement FATF Recommendations. It is necessary to carry out virtual currency related anti-money laundering legislation, improve the legislative level, refine the original provisions, and make stipulations in accordance with the particularity of money laundering crimes involving virtual currency. It is necessary to promote the fintech regulatory sandbox by formulating scientific regulatory concept and improving the regulatory mechanism in practice. Moreover, the criminal investigation should be guided by big data algorithm in the sense that the anti-money laundering database should be improved, the “police-bank-enterprise” cooperation system should be established, and the monitoring of transactions should be carried out based on community algorithm.