WuYing Case Legal Analysis

Endowment fraud case as a kind of multiple financial crimes, because of its huge amountoften, seriously disturbed the financial management order, infringing upon the broad massesof the property rights and interests, and even cause the social public unrest。The judicialpractice funding fraud high incidence, at the beginning of the2007’s Wu Ying case is thenews media have extensive concern, experts and scholars, lawyers, judicial work betweenpersonnel about the charges of debate more intense. Of course, the uncertainty of the crime offraud of the capital itself also corrupting vibrant traditions. About this case, experts views andpeople intention completely different, is "the crime of fraud of the capital" or "illegalabsorbing public savings sin" become the focus of the dispute. In dealing with problemsshould be rationally treat the public opinion, the public opinion should also respect for lawrationally. This article attempts to Wu Ying illegal financing case for depth analytical basis,through the legal analysis, based on the legislative intent and social economy developmentpresent situation, trying to define illegal financing kind of criminal crime and be not crime,the crime and crime and the boundaries between, to the sentencing problem to be studied, andon this basis puts forward how to coordinate the social public opinion to the judicialsupervision and the relationship between the suggestion.This paper uses the theory of criminal law in our country through said, first of all to thecrime of fraud of the funds to do a comprehensive carding, then to court for Wu Ying fundingfraud to make appropriate public decision analysis, based on the behavior of the theoreticalanalysis, combined with relevant laws applicable to the opinion, in the conviction of theexisting questions such as the sentencing is necessary to apply the death penalty, this case isunit crime or natural person crime and other issues were discussed, and the crime of fraud ofthe funds and illegal absorbing public deposits sin in the crime nature accurately, and then tryto distinguish accurately to the prospective were analysed. Based on the content structuremainly have three most of the content, the content of the first part is mainly to the legalresearch, combining scholars debate point of view, and in-depth analysis of the convictionproblem. This part is the focus of this paper, mainly from the legal Angle and the social andeconomic demand perspective the debate focus will be the legal basis, the distinction between charges between boundaries do detailed interpretation. The second part is the main content ofthis case the sentencing problem. According to our country’s current law to explore the crimeof fraud of the capital reserves the death penalty of the dispute, and deep analysis of the caseby the death sentences of death sentence with a reprieve legitimacy. In this paper the contentof the third part of the paper is the enlightenment of the case, including this case reflects theproblems and countermeasures to solve this problem, in addition to the legislation shouldstrengthen the folk financial correct guidance and actively seek outside with a criminal lawmeans to regulate private lending model of road.