论集资诈骗罪死刑的配置旨趣及最终命运

我国刑法对集资诈骗罪配置死刑,体现了对国有银行金融业务的强有力的保护、对民间资本流向的严格管制以及对社会稳定的极大关注.对集资诈骗罪的配置死刑无必要,应在下次刑法修正时果断废除集资诈骗罪的死刑,可对刑法第199条采取标注括号“废除”的形式进行处理,对其进行整体废除.

On the Purport and Ultimate Fate of The Death Penalty Which Collocated by the Crimes of Collecting Capital Illegally By Means of Swindling

Crimes of collecting capital illegally by means of swindling has collocated death penalty of Criminal Law of China,reflecting the strong protection of the financial services of the state-owned banks,the strict controls on private capital flows,and the great concern on social stability.The death penalty of crimes of collecting capital illegally by means of swindling is not necessary.The death penalty should be repealed decisive in the next time when the Criminal Law Amendment.We can mark brackets in the back of the article 199 of the Penal Code in the form of "repeal" to deal with their overall repeal.