Former tycoon's death sentence weighs heavily(2)

"The government's auction is illegal, since at that time Wu Ying was still a suspect instead of a criminal," said Chen Guangzhong, a legal expert on criminal procedure.

But it will be difficult to retrieve the revenues from the government if Wu's verdict is overturned, Yang Zhaodong said. Questioning some of the facts in the case, Chen Guangzhong furthered his point about whether the death penalty is suitable for a non-violent financial crime, especially as the country tries to tighten the use of capital punishment.

The National People's Congress, the country's top legislature, moved to slash crimes punishable by death from 68 to 55 last year, following the top court's withdraw of the final say on all the capital punishments in 2007.

Chen said the top legislature considered abolishing the death sentence for financial fraud, although it was later excluded from the final proposal submitted to vote by lawmakers.

The list of crimes carrying a possible death sentence has evolved along with the country's shift of government priorities, since the criminal code was introduced in 1979.

Many economic crimes, including the crime of financial fraud that Wu is facing, were included during the 1980s and 1990s, when the country's opening-up led to both an economic boom and increase in financial offenses.

Apart from doubts in the case itself, public outrage over Wu's death sentence also stems from sympathy for her legendary life and concerns that the punishment may eventually discourage grassroots entrepreneurship, especially when many small businesses in coastal China have been shut down or are suffering.

A farmer's daughter from a small city in Zhejiang, a province known for booming household businesses, Wu started with a small beauty salon at the age of 22 in 2003. Before being arrested four years later, she had become owner of at least seven companies with about 780 employees.

Han Zhiguo, an economist, said even if Wu has illegally raised funds - which is still a disputable charge - it should be taken into consideration that many businessmen in China are compelled to do so since it is too difficult for private companies to borrow money from banks.

A survey polling about 2,800 companies in Zhejiang province last year showed 86 percent of respondents said banks had asked for additional conditions when they applied for a loan.

"The boundary of private lending and fundraising has to be cleared, especially when private lending is indispensable and government support is still difficult to get," said Chen Jun, deputy president of Zhejiang Chamber of Commerce.