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The Legal Analysis of Wu Ying's Fund-rasing Case

Author: FengJing
Tutor: DongYingXia
School: Shanxi University
Course: Legal
Keywords: illegal capital raising purpose of detinue using method offraud the public
CLC: D924.35
Type: Master's thesis
Year: 2013
Downloads: 193
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Abstract


Illegal fund-raising has occurred frequently and appeared more and more seriously in recent years. As a representative case of illegal fund-raising, Wu Ying’s case was settled entirely. There still has been high dispute in whether Wu Ying was guilty or not, what crime she might commit and whether she must be sentenced to death or not. The occurrence of Wu Ying’s case was not an accidental phenomenon, but was the inevitable result that the contradiction between the rapid development of market economy and lags behind the capital environment. What we need to do not only contains promote the citizen’s law----abiding awareness, but also need to notice the defects in our legal system, admit the rational of the folk lending and fund raising, attack illegal capital raising rigorously to prevent the next occurrence of Wu Ying’s case. The passage is based on Wu Ying’s case, unifying the three elements of illegal capital raising through ways of literature and case analysis----the standards of "purpose of detinue","using method of fraud" and "the social public", proposed my own opinions on evaluating accusation of Wu Ying’s case and stated the legal revelation of Wu Ying’s case.In the first part of the thesis, I made a brief introduction of the illegal fund raising case about Wu Ying, and presented views of prosecutors and defenders from "illegal possession purpose","using method of fraud" and "the public".In the second part of the thesis mentions three legal disputes points. According to the existing relative legal system, and through analysis disputes of theory one by one, formed my own views finally. Firstly, from the subjective aspect, we should synthesize several existing theories, adopt the standard of "The actors intend to control or dominate other’s property and remove other’s control and domination", at the same time, we need to combine the mentality when the actors obtaining funds and the behavior after fund raising; Attract investors by way of "high return on equity" not equals "using method of fraud". The account for "the public" focused on "relatives and friends" and" spread one by one". I thought, the "relatives and friends" should be judged in terms of this way. Whether the information between investors and the fund raising person was symmetry or not, and "spread one by one" should be judged according to whether the man who deliver message is professional funds introducer or not.Part three by giving list of some thoughts of Wu Ying’s case from society,combine front’s analysis to evaluate accusation of Wu Ying’s case, I think she doesn’t constitute the crime of fraud of the funds,but constitute the crime of illegal absorbing public deposits.Part four aimed at the legal revelation from Wu Ying’s case. Firstly, we need to build and complete legal system of prtecting nongovernmental fund raising as soon as possible; secondly, establish legal system about social fund raising, at the same time, we must reinforce the supervision of these activities; thirdly, make the standard for illegal capital fund-raising crimes, complete the unreasonable parts of 《The Methods of Banning illegal Financial Institutions And Illegal Financial Business Activity》 and improve the quality of sentencing about illegal capital raising crimes and strengthen the hitting power.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > Sub-rule > Crime against property
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