“Sharenchangming, Qianzhaihuanqian”, the old adage has delineated the scope of China’s death penalty, but the cancer “severe punishment” criminal law of the crime of fraud still retains the death penalty, this flood of the death penalty in legislation and judicature doubles paradox difficult to overcome. The criminal law as a way of existence for the society itself, improper use will cause new evil, so the fraud crime suitable for the death penalty will inevitably make the criminal law has an unprecedented crisis, especially breaking the unity of subjective and objective rules of sentencing, cleaning up the modesty of criminal law, and the criminal law becomes the mandatory tools of violence of country’s will. Although the condition is not yet mature to completely abolish the death penalty at this stage, but the behavior of human deprivation of personal liberty and vested interest and other measures can effectively curb the occurrence of illegal fund-raising case, so it does not prevent the abolition of crime of fraud of the death penalty.