| After the reform and opening-up, China’s private capitals achieve a rapidaccumulation. Especially in the past ten years, the private capitals play a decisive role inthe development of small and medium-sized enterprises. At the same time, as the reason oflacking system guarantee and effective supervision, lawless elements of fraud casesemerge in an endless stream, which has aroused great concern in society. The “WuYingâ€case is emerging of this background, and developing into a typical legal event,which bring up the whole society’s investigation.The crime of fraud in financing has a serious violation of the ownership of thenormal order of the financial market management, public and private property. A bitinadvertent there will exacerbate contradictions, even cause social problems. In1997,"criminal law" provisions of the crime of fraud in financing the penalty, which is the directlegal basis to our fight against crime of fraud. Judicial practice shows that, the provisionsof the law make a positive role on the effective punishment of the crime of fraud infinancing. But at the same time, due to the principle of criminal law provisions, thestandard of "illegal possession for the purpose of" of fraud crime is difficult to grasp,leading to fraud difficulty gradually. At present, how to scientifically define the illegalfund-raising behavior whether is "for the purpose of illegal possession" becomes adifficult question that crime of fraud in financing.This paper will try to view at the angle of “Wu Ying fraud caseâ€, study on thepurpose of illegal fund-raising fraud, in order to put on some of own insights to solve therelated problems.he paper is divided into four parts; the first part is an overview of thecrime of fraud. The second part is the analysis on "the purpose of illegal possession" ofthe crime of fraud. The third part is the identification and analysis on "the purpose ofillegal possession" of the Wu Ying fraud case. The fourth part is the legal advice onperfecting the financial fraud. |
