The Analysis And Reflections On The Wu Ying Case

30years ago, China made a difficult choice between the theory of rule of law and rule by law. Eventually, it made its decision to apply to the theory of rule by law instead of rule of law, and established the basic national policy of governing the country by law. Today, China’s construction of rule of law is catching on and shows two distinguishing features:progressiveness and with Chinese characteristics.30years later, the case of Wu Ying is widely discussed over the nation, and the underlying reason profoundly reflected the bottleneck of Chinese legal construction. Why has China the rule by law as the basic strategy of governing the country, whereas applies the theory of rule of law in reality? How to choose between the criminal law of civil rights under the rule of law thinking and national standard rule of criminal law?The significance and value of the case study is that, a specific case can reflect the legal issues of universal significance. Seeing from the small aspect, the analysis of the Wu Ying case refers to the question of how to qualitative the illegal fund-raising behavior of Wu Ying. Is that the crime of fraud, crime of illegal absorbing public deposits, or simply it does not constitute crime, in fact neither from the subjective aspect or the objective aspect of the crime can we come to the conclusion that Wu Ying’s acts constitute crime. Seeing from the general aspect, the analysis of this case is to explore whether the death penalty should be applied in economic crimes. In the socialist market economy, people can understand the stability need of legislators, and their trying to release social contradiction with severe punishment. But at the same time, we must soberly realize that stability of the external appearance is just a kind of harmonious sign but not harmonious itself. In the final analysis, the upstream source to curb crime lies in the construction of the theory of rule by law, the perfection of the management of the socialist market economy system. Therefore the verdict on Wu Ying’s case is the embodiment the spirit of rule by law. It reflected the fact that there is a big deviation between the theory and practice of Chinese construction of rule by law.Seeing from the social response caused by this specific case, we clearly recognize that, the theory of rule by law has seeded in the hearts of the people, public sympathy for Wu Ying personally is actually the discontent on the social system and the existing legal system. Combined with the focus of the case, according to the theory of rule by law, we come to the conclusion that rule of law should be decisively abandoned, and the spirit of rule by law should be firmly adhered to.