Constitutionality Analysis Of Frund-raising Fraud

In recent years, the folk lending market vigorous development, providing the convenient financing channel for small and medium-sized enterprise. However, the folk lending market is not standard, and the lack of effective legal regulation, the folk lending behavior always intertwined with illegal fund-raising, fund-raising fraud crime. Wu ying fund-raising fraud happened in2005, pushing the legal regulating of the folk lending problems again into people’s horizons, caused the social attention on the phenomenon of folk lending.The current legal system relies mainly on the criminal law to restrict the illegal folk lending behavior, mainly relating to the crime of fraud and the crime of illegal absorbing public funds. This article starts with the wu ying’s case,through analysing the judgment of wu ying’s case whether fit spirit of constitution and then carefully examining the law about folk lending whether conform to the constitution. For the judgment of wu ying’s case, the article according to the generally thinking framework of Learn German basic rights doctrine, using three phase review mode:"scope of protection, limit, constitutionality analysis". Specifically, the article firstly discuss the folk lending fall into which citizen’s basic rights,secondly argue the regulation of criminal law on private lending whether constitutes the basic right limit, at last use proportionality principle to review the limit whether has the constitutionality.the argument is eventually end after arrival at a conclusion that whether the resistance is constitutional or not.Through the above analysis, using the criminal law on the crime of fraud to restrict wu ying’s financing behavior does not have a regularity purpose. It is concluded that the judgment of wu ying’s case is unconstitutional. So the judge should make constitutional interpretation in the criminal law of the crime of funds-raising fraud when he deal with the funding fraud cases,so that this case has brought judgment.