On The Abolition Of Death Penalty In Fund Raising Crime

From the case of Wu Ying to Zeng Chengjie, in the legal science, the problemof fundraising fraud of death penalty has been debated. After the publish of "TheAmendment to Criminal Law Ⅷ", the death penalty of instrument fraud, financialfraud and the letter of credit fraud crime were cancelled, but the death penalty forfund-raising fraud was still maintained. Although fund-raising fraud cause seriousharm to the public property and the country’s financial order, it belongs to theeconomic crime. The author thinks that the death penalty to the crime of fund-raisingfraud should be abolished. This article is divided into three parts to discuss andanalyze the author’s point of view. First of all, the first part expounds the conception,legal regulation and the legislation history of the death penalty of the crime offund-raising fraud, this part is the basis of the article content, it helps us understandthe fund-raising fraud and the background of the set of the death penalty. Second, thesecond part analyzes the current legal for fund-raising fraud of death penalty. Finally,the third part the author objectively summarized the arguments on both sides, andanalyzed the necessity and feasibility of the abolishment of death penalty of thecrime of fund-raising fraud, and then came to the conclusion that the death penalty ofthe crime of fund-raising defraud should be abolished.