Research On The Death Penalty Restriction Of Fraudulent Fund-raising In China

The title of this paper is Research On The Death Penalty Restriction OfFraudulent Fund-raising In China.The significance of the study is to reduce deathpenalty on non-violent crimes, since it has become an important trend in our criminallegislation. The trend of retaining death penalty on financial fraud practice isinconsistent. Fund-raising fraud is a crime of financial fraud criminal law only retainthe death penalty, in less caution criminal penalty policy guidance, to limit the deathpenalty applies to financial fraud is the only way of implementing the death penaltypolicy. The basic starting point of this study is to respect the current Penal reservedfund-raising fraud approach of death, in this framework from the application of thedeath penalty, legislative, judicial, crime analysis and other aspects of the causes ofthe death penalty applies to financial fraud problems in trying to come should belimited fund-raising fraud penalty applicable conclusions and restrictions applicableto financial fraud penalty method.This paper is divided into three main parts.The first part is the basic situation of the crime of financial fraud penaltyapplication. Starting from the evolution of the legislative setting of the death penaltyof financial fraud, analyzes the state of fund-raising fraud taken strictly and severelyPolicy. In addition, this paper collected45death penalty cases from fund-raisingfraud, and data analysis of these cases, while three cases from Case has been typicallyanalysied concluded that the crime of financial fraud and the limited role of the deathpenalty did not play its due the role of deterrence and control.The second part is the crime of financial fraud penalty applicable restrictionscause analysis. Discussed mainly from the legislative, judicial, causes of crime. Onthe legislative level, financial fraud is set contrarily to the spirit of the Criminal Codeof Modesty; crime contrary to the basic principles of criminal law is consistent; fraudis not conducive to maintaining a class of crimes and the crime of unity; does notcomply with the international development trend of the death penalty. In the case of a temporary stage fund-raising fraud cannot repeal the death penalty, is the best meansto limit the application of the death penalty of sin. On the judicial level, for " causingto the country and the people’s interests especially heavy losses," the determination ofthe existence of excessive dependence on the amount of crime problems; for "particularly serious crime " explanation expansion of suspected; calculation of theamount of fund-raising fraud for illegal possession the purpose of the presumptionthere is a tendency objective incrimination; in the identification of the purpose ofillegal possession, illegal possession connotations for the interpretation of emergingdeviation purpose of illegal possession time after the establishment of the continuousextension; using the estimation method identified certain risks purpose of illegalpossession. Judging from the causes of crime, the root cause lies in the formation offinancial fraud incomplete financial order and private financing rules; victim in thecrime is obvious fault; responsibility of local government to shirk difficult crime toproduce. Because of these reasons, financial fraud penalty should no longer be used astools to combat and prevent financial fraud, and should be used only undercompelling circumstances. Fund-raising fraud penalty applies should be limited.The third part is the path of financial fraud and crime analysis of the deathpenalty applicable restrictions. This article on how to limit the application of the deathpenalty financial fraud measures proposed six aspects, namely the implementation ofalternative measures to further increase the penalty immediately use; further clarifythe relations between caused to the country and the people’s interests especially heavylosses and extremely serious crimes, further strict purpose of illegal possession of thatstandard; increase the protection of victims and relief, in order to achieve the greatestdegree of understanding of the victim, to resolve social conflicts; rid of excessivedependence on the traditional concept of the death penalty; strengthen theimplementation of government functions.