Research On The Death Penalty Restriction Of Financial Fraud In China

The Eleventh National People’s Congress adopted the Nineteenth Meeting of the Criminal Law Amendment the removal of the bills fraud in2011year.It’s cuted three financial fraud charges. It’s cancel bills fraud, financial instrument fraud, credit fraud crime the death penalty, but retain the death penalty of a financial fraud. Contrast the extraterritorial mainland and the common law to punish fund raising commit fraud in the law, China retains the death penalty for the crime of slightly tilting heavy. However, analysis of China’s national conditions, financial fraud at this stage to retain the death penalty has a necessity. Legislation attached to the death penalty was first used to curb the rampant financial fraud and crime trend good effective as well as financial fraud does not comply with the Amendment Ⅷ to the Criminal Law to abolish the death penalty standards and continue to retain; The death penalty in theory, applicable to financial fraud and crime prevention requirements of the purpose of realization of security and balance of the total penalty cost of the support of deep-rooted; in the actual situation based on China’s heavy punishment, considerable benefits to retain financial fraud to death, the victim of this crime are mostly vulnerable groups, strong public anger emotions, as well as to retain the set of the death penalty for the crime of financial fraud and crime characteristics. However, to retain financial fraud and crime of the death penalty violates the penalty of Humility spirit and the penalty configuration principle, does not meet the crime and punishment consistent with requirements deviate from the international trend of the death penalty development, affect international judicial assistance, and departure from the concept of harmonious society. The face of many negative effects and the gradual abolition of the death penalty, the steps of the death penalty alternative measures to higher cost and does not complete the status quo and the death penalty repeal sectors of society to the outcome of the game difficult, survival caught between financial fraud death penalty on the necessary restricted. Refine the interpretation of legislation should be made on the death penalty applicable standards, strict boundary points of this crime, the sentencing range, a clear punishment fits the crime; the judiciary should be more clear crimes are extremely serious and the death penalty applies to the relationship, increase the application of the death penalty alternative measures, the introduction of restorative justice philosophy, gave it back to the rescue role of the pardon system, improve the professional competence and professionalism of the judicial workers, good back-up security work.