The Study On Fine Penalty Substitutes For The Crime Of Confiscation Of Property In The Crime Of Fraud In Financing

With the rapid development of economy,financial fraud is becoming more and more common.Fund-raising fraud always frequently appears in the court files.As the two pillars of property punishment,fines and confiscation of property are placed in the third paragraph of fund-raising fraud to prepare for the penalty.Among the arguments about property punishment,there are big differences between the confiscation of property and fines.In general,there are big disputes on abolishing confiscation of property or not.The majority of scholars agree on abolishing the confiscation of property with more than 7 reasons,while the penalty is less controversial.When it comes to specific fund-raising fraud in the crime,for most of the fund-raising fraud criminals,they are in the broke,or have been transferred or hide their property.Even if the confiscation of property is imposed,the value of the property is much lower than the expectation of the confiscation of property.Sentenced but not executed cases are everywhere.But the flexibility of the execution of a fine penalty can make up for the vacancy.Therefore,the application of fine penalty in judicial practice is also significantly better than confiscating property punishment.Therefore,in fund-raising fraud cases which the crime plot to "among50,000 yuan and 500,000 yuan fines or confiscation of property",confiscation of property seems to be some superfluous.Thus,abolition of the third term of the confiscation of property punishment in fund-raising fraud is imperative,which can be replaced by the fine penalty.Take Zhejiang Province in 2012-2016 fund-raising fraud cases related data as samples for the analysis,this paper is through the method of the data analysis and comparative analysis to explore the situation of confiscation of property application in fund fraud.And then it further analyzes the necessity of the application and execution of the confiscation of property,from the respective of the homogeneity of the penalty and the confiscation of the property penalty in the crime of fund-raising fraud to analysis the necessity of the penalty replacing the confiscation of theproperty;And then from the same nature of the fine and the confiscation of property,the operation of the fine and the amount of fine,this paper analysis the feasibility of confiscation of property punishment;And finally,this paper discusses the system of fines replacing the confiscation of property,Such as expanding the scope of application of the fine penalty,increasing the amount of fines,considering the economic situation of criminals,and the standard of the reduction of the amount of fines.When it comes to fund-raising fraud,prevention is important,but severe national sanctions are also essential.The study of the confiscation of property by substituting the fine penalty for fund raising fraud can not only make some suggestions for the legislative work,but also give some advice on the choice of which can be deleted or in the future fund-raising fraud cases.In addition,it can also provide some ideas on the dispute of abolishing the confiscation of property or not.