The Case Analysis Of Fraud In Money Raising By Wu Ying

The Crime of fraud in money raising is an important charge of financial fraud inChina. It is a product of China’s economic and social development. Due to the specificsituation of economy society complex, conviction and sentencing of the crime has beena problem in financial fraud crime. This paper through the analysis of the Wu Ying caseto sort out the context of fraud.Firstly, this paper introduced the basic situation of the case of Wu Ying, This casehas experienced the first instance and second instance and the last retrial, after severalyears, finally be modified slow death penalty execution for two years, in which this isvery complex. Next, the author summed up from the first and second instance judgmentin the case of three disputes, namely if Wu Ying have the purpose of possession ofproperty subjectively; did Wu Ying case whether a crime units; whether Wu Ying caseapply the death penalty. The next is emphatically analyzed the three disputes. For thefirst a disputed point, start from the legislation purpose of illegal possession and brieflyelucidated, then explains the purpose of illegal possession of specific determination ofthe Crime of fraud in money raising way, finally return to the Wu Ying case itself,analysis it is concluded that Wu Ying do not have the purpose of illegal possession. Forthe second debate focus, firstly briefly expounded the formation process of system andfocus on the unit intentionally crime s form, then due to this case come to theconclusion that this case is not the unit crime. For the third debate focus, start from theconditions of death penalty, by the social harmfulness, personal risk and other reasonscome to the conclusion that this case can not apply the death penalty. Finally, the authorin view of the existing similar to raise a loophole in the unit crime of fraud put forwardsome perfect suggestions, for example, applicable to the unit crime subjectqualification punishment, cancellation and other property punishment other thanpunishment, or take times than the fine system instead of unlimited fine system, inwhich are expected to the applicable law of help.