On Difficult Questions Of The Financial Fraud’s Crime In Application Of Punishment

Financial fraud crime is stipulated in the fifth section of the third chapter of criminallaw, and is a kind of serious economic crimes. Research on financial fraud crime concernsmostly in the confirm crime, and is concerned less. The provisions of financial fraudpenalty have many kinds of punishment, and have a large extent of legally-prescribedpunishment which leads to a lot of controversy and confusion there are in the judicialpractices. The deep study on the difficult problems existing in the application ofpunishment of the financial fraud crime can effectively guide the right application ofpunishment in the judicial practice. Based on this, to the application of punishment ofZhejiang Dong yang--Wu Ying fund-raising fraud as the breakthrough point，the authorPointed out the roots of the WuYing case controversial is that the application of the deathpenalty based on the crime amount. The amount of crime is the main line in the Part of thetext,the auther discusses the relation between financial fraud crime and the penaltyamount,as well as the crime amount has some effect on the uneven application ofpunishment.Finally, on the basis of the full analysis, the auther put forward to perfectproposals on the above three questions. Particularly, in penalty unbalanced issue, theamount standard of crime of death penalty of the fund-raising fraud crime must be clear,free criminal discretion must be paied attention, the principle of fine punishment must beclear, The rate of probation application must be improved,and public opinion must begrasped correctly.