The Criminal Law Analysis On The Case Of Wuying

WuYing，a female-billionaire appeared in2006but turned out into jail in2007， wassuspended on the edge of the death through next5years and finally be charged with fraud bythe high court of Zhejiang province. She was sentenced as death with two years reprieve sothat her life has been push back which was wandering between live and death. That a younggirl at26just the same age with the author has a so depressive experience must be a legendand make people have to speculate her background and reason. More and more minorenterprises spring out and continuously increasing under30years after reforming and openingup，become a irreplaceable power in the promotion of national economic. With the outbreakof the global financial crisis in recent years, however, more minor enterprises is now facingan integral narrow channel of financing. These important forces in our country have moredifficult to effectively get support from the normal financial company, such as bank orfoundations. So that, they have to turn to the private capital companies which are full ofadequate money but hardly to get a good investment channels to increase their value. Thisreality induced great active private financial activities. But these kinds of private financialactivities are not getting the permission of authority and so for they are treated as"underground level activities". Therefore, this "underground level activities" provide abreeding ground for crime as fraud with the opaque. This situation not only seriously disruptthe country’s normal financial order but also caused great damage to public property whichcan be deceived masses that lead to social unrest.This paper is focusing on the WuYing case and analysis the case through playbackaround three issues:1. is WuYing case a crime；2.if so, what crime is it；3.whether WuYingshould be sentenced to death. By anglicizing the WuYing case in criminal law, the authorwants to make sure whether the judgment of WuYing case is in line with the environmentbackground of the financial development and the rule law played in China.This paper is divided into four parts. The1st part mainly introduces the specificcircumstances of the WuYing case and the focus of controversy issues include the parties and court hearing the views and opinions of the case; the2nd part is the core of this paper inwhich the author mainly analysis whether WuYing case is judged as a crime through discussthe basic elements of fraud crime; the3rd part is mainly make a distinguish between othercrimes and WuYing case to identify which crime WuYing should be charged; the4th partmake a brief analysis on whether WuYing should be sentenced to death immediately anddraw the conclusion of this thesis.