The Conviction And Punishment Analysis On The Fraud Case By Wuying

With the social and economic development, people’s affluence and the prosperity of the business, illegal fund-raising fraud activity become more active, such behavior is not only violation of the property interests of the general population, but also affects our normal financial market management order. Ying-financing fraud case in Dongyang City, Zhejiang Province, after the first and second instance procedures, sentenced the accused Wu Ying guilty of financial fraud and sentenced to death and confiscation of all their personal property. As a widespread phenomenon in China’s private lending market, as well as the Criminal Law Amendment VIII abolished13death penalty charges in the case of qualitative and death sentence, caused widespread controversy in the academic circle, in judicial practice, community and society.According to the crime of criminal law theory, analyze the case from the subjective and objective perspectives to constitute fraud in Jurisprudence. Compare the civil conduct illegal absorbing public deposits crime and normal private lending financial fraud; ultimately obtain the conclusion of the case identified financial fraud. Combined with China’s national conditions and judicial practice, the death penalty is in line with the law identified in the present case the defendant Wang Ying.At present, China is following the footsteps of international justice closely to carry out the death penalty abolition of judicial practice. Criminal Law Amendment Ⅷ repealed the13non-violent economic crimes which death penalty charges rarely apply in China. Under the big background of the international and domestic, our country still retains the fraud in the application of the death penalty. This paper will analyze the reasons and conditions of the abolition of the death penalty to fraud, and finally leads to the conclusion that China in the near future will take the step to abolish the death penalty applicable to financial fraud.