Study On Legal Issues Of Wu Ying Case

In recent years,the phenomenon of illegal fund-raising in China appear frequently.The Wu Ying case is the most typical case of illegal fund-raising in China,but Wu Ying is a crime,specifically what crime,from the case since there has been a lot of controversy.Wu Ying case is not accidental phenomenon,it is the inevitable result of a growing market economy rapidly and the lag of capital operation environment difference.In order to prevent similar Wu Ying case happened again,and we need to do is not only gradually improve the legal consciousness of citizens waiting.We should also see the existing legal system of imperfection,recognition of private lending raise the public and society The rationality,and provide legal system due to the division of the concept of private lending and illegal fund-raising,and crime of illegal fund-raising seriously.The case of Wu Ying case,through literature research and case analysis,the three elements of illegal fund-raising,which is "the purpose of illegal possession","use fraud" and "public law",put forward their own views on the case on charges of evaluation,and puts forward the Wu Ying case to us to think about the legal consideration of social bring.The first chapter of this article gives a brief description of Wu Ying's illegal fund-raising case,and lists the views of the prosecution and the defense from three aspects:"taking illegal possession","using fraud" and "social public" and from the trial process of the controversy and the theoretical debate between the two aspects of the case analysis.The second chapter of this paper,The author analyzes the issue of judicial identification of fund raising fraudand it's closely related to the legal point of view mentioned above,and discussed according to the existing legal system,through theoretical analysis of the three views,the author finally formed their own legal system.(1)for the purpose of illegal possession of subjective aspects should be integrated in a few principles,"the intentional control or dominate the property of others",now they should analyze the parties get property of others when the state of mind,and to get the funds after a series of actions to be identified.(2)the use of fraudulent means,cause the case is to "high returns as bait to attract investors,in view of the current legal system is not a Fraud.(3)the public,mainly concentrated in the rumors,relatives and friends and neighbors to each other between colleagues here,I believe that the "relatives and friends" is the information symmetry of investors and fund raisers,and"rumors" is to raise the community oriented publicity should be based on whether the information distribution is professional.In the third chapter,through the analysis of the Wu Ying case above,legal thinking is discussed in the case brought to us.First,we should establish and perfect the legal protection system of private financing as soon as possible.Our law should provide enough space for private financing activities.In addition,the regulation of illegal fund-raising crime needs our legislation to be more scientific.We should carry out detailed regulations on illegal fund-raising,so I put forward three points.First of all,we should establish and improve the legal protection system for private financing as soon as possible;secondly,the way to deal with illegal fund-raising should be handled by "civil first post criminal".Third,improve the legislation of illegal fund-raising so as to improve the operability of the practice.