The Crime Of The Penalty Arrangment

With enormous economic development since the reform and opening up, financingfraud crime is rampant, affecting the country’s financial management order and endangerthe safety of the property of the people. Zhejiang Dongyang richest woman Wu Ying fundraising fraud caused a sensation by the concern of the whole society, was arrested in2007after up to770million, the amount of fraud in the course of a hearing, the court finds YingWu a huge amount of fund-raising fraud, to the country and the interests of the peoplecaused by a particularly huge losses, crimes are particularly serious, and therefore the WuYing sentenced to death. Wu Ying was sentenced to death caused by the collectivediscussion of the legal circles, the economics profession as well as the social sector, thiscrime is not a special case, just get attention in a certain social context beyond othersimilar cases. This can not help but provoke thinking, financial fraud and economic crimeas a violation of property configured excessive penalty is reasonable. Especially the2011introduction of the Criminal Law Amendment drastic cancel the13death penalty charges,all belong to the economic crime, but there was retained financial fraud to death configurethe guidelines of national policy, legal guidance role seems to be in the position: this crimecompared to other economic crime is a greater danger to society. The reasonable penaltyconfiguration can play an effective role to curb crime, so the analysis of fund-raising fraudcriminal penalty configuration contribute to combating the financing fraud crime, ourpenalty for this crime as the core configuration criminal property punishment and freedom,tremendous harm to society, especially the circumstances of the crime is particularlyserious will be punishable by the death penalty, freedom punishment applicable to thescope of the highest proportion, property despite Scope also wide, but itself belongs to asupplementary punishment is karma, their punishment efforts not as free sentence, can beseen in our For fund-raising fraud penalties configuration is very severe. However, thiscrime as a non-violent economic crime configured so severe penalty is unreasonable, thebest means to punish economic crimes property punishment or qualifications punishment,punishment by deprivation or restriction of their economic capacity and economicfreedom reached fraud crime prevention fund raising. Sentence of the death penalty andfreedom, can achieve such effect certain extent, but the high cost and low return tiondoctrine is not conducive to our perfect criminal law and judicial practice. Shouldtherefore be to change the thinking in practice, focusing on criminal fine and qualifications criminal restrict the personal freedom of the offender to limit the economicfreedom of the offender.Author through a series of studies, the penalty of sin in this article configurationanalysis, start by Wu Ying case, first a brief analysis of the controversy on the sentencingin this case, as well as penalties caused by configuration, and then introduce financingfraud criminal penalty configuration strictly historical as well as the status quo,respectively, pointed out that the property punishment of the crime of configuration, freecriminal configuration and death penalty configuration problem. Finally, the author’s ownthinking, and some perfect views of the proposed legislation on the administration ofjustice, the configuration of the property punishment, increase the amount of the fine,increase times more than the fines system as well as a separate system of fines; to freecriminal configuration, lowering the minimum legal punishment and the introduction ofCommunity Corrections; death penalty configuration should be abolished; the this crimeconsidering the introduction of a competent criminal configuration.