摘要(Abstract)：
Since the 1970s when Viktimodogmatik developed gradually in Germany,it has advocated to judge the crime from the perspective of victim rather than only from the actor in conventional criminal law.In the case of Wu Ying fund-raising fraud,11 direct victims were joint usury speculators without cognition error,therefore it does not meet the constitutive requirement of fund-raising fraud.Considering the obvious
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作者(Author): 黄华生;
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参考文献(References)：
- 1 Wu Ying,female,the former legal representative of Zhejiang Ecru Group,was arrested on Mar 16,2007,for suspicion of illegally absorbing public deposits.In Dec.2009,she was sentenced to death penalty in the first instance by Jinhua Municipal Intermediate People’s Court.She appealed against the decision.On Jan 18,2012,the appeal was rejected and original decision was maintained in the second instance by Zhejiang Provincial higher people’s Court,which was submitted to the Supreme People’s Court for verification and approval.On Apr 20,2012,the Supreme People’s Court did not approve of the death penalty against Wu Ying and remanded the case to Zhejiang Provincial higher people’s Court for retrial.On May 21,2012,Zhejiang Provincial Higher People’s court made a final judgment that Wu Ying was sentenced to death penalty with two year suspension,revocation of political rights and codification of all personal property.This case has received extensive attention in the society as it has involved a lot of informal financing issues in china.
- 2 SHEN LIUHUA,A STUDY ON VIKTIMODOGMATIK IN CRIMINAL LAW IN GERMANY,at 77-78(The Publishing House of China’s people’s Public Security University,2011).
- 3 Id.,11.
- 4 Id.,15
- 5 Id.,86-88
- 6 HANS JOACHIM SCHNEIDER,CRIMANOLOGY,at 816(Wu Xintao and Ma Junyu trans,The Publishing House of China’s people’s Public Security University&Int’l Culture Publishing House,1990).
- 7 GUO JIANAN,VICTIMOLOGY IN CRIME,at 18(Publish House of Beijing Unversity,1997).
- 8 SHEN LIUHUA,supra note 2,163(2011).
- 9 CLAUS ROXIN,CRIMINAL LAW,at 393(Wang Shizhou trans.,The Law Press,2005).
- BAI JIANJUN,RELATIONSHIP CRIMINOLOGY,at 255(China Renmin University Press,2005).
- SHEN LIUHUA,supra note 2,352-397(2011).
- Gao Yandong,Beyond the Norm of Fraud and Fund-raising Fraud:the Crime and Punishment of Wu Ying Case,2 Peking University Law Journal 414(2012).
- Feng Jun,Selbstverantwortung in Criminal Law,3 China Legal Science 102(2006).
- Gao Yandong,supra note 2,411(2012).
- Id.
- Xu Ting,male,native of Yicheng County of Shanxi Province,who stole 175 thousand RMB out of a broken-down ATM at Guangzhou city and was found guilty of larceny and sentenced to life imprisonment in first instance by Guangzhou municipal intermediate People’s Court,thus triggering the hot debate and controversy in the society.Afterwards,it was remanded to Guangzhou municipal People’s intermediate court for retrial and was commuted to 5 year in prison with the approval of Supreme people’s court of China.
