利用ATM机过错取款行为的定罪与量刑一体化分析——以许霆案为范本刑事诉讼法专业论文.docxVIP

1 1 2 2 Abstract The case about Xu Tin had caused widespread concern several years ago .Although the case has been concluded after some discussion, but I think it is also necessary to look a lot of focus in the case from a new perspective, such as re-determined to steal financial institutions from extended look forward to the possibility of mitigated punishment applicable understood the significance. The same time, the remaining issues of the case and not completely solved. For example, the crux of the second paragraph of Article 63 of the Criminal Code applicable judicial not get enough attention; how to clarify the powers and responsibilities of the relationship between the Bank and behavior; how perfect for ATM error brought a series of legal problems, also has yet to respond. I for some combing wording ideas, I hope to provide some reference solutions of similar cases. This article is made of 20,000 words and divided into five parts: The first part , Xu Tin came to a city of a banks automatic teller machine to withdraw money, inadvertently enter a digital, wanted to take one hundred, he did not expect the ATM actually spits out one thousand, and I am carrying amount only less one, his own account, only more than 100 pieces. After several withdrawals of more than ten million, the defendant would abscond, in case there are many controversial period of the case never commuted into a five-year term. The second part , the focus of the disputes which are summarized. Focus of controversy three: First, recognize the different nature of the withdrawal behavior; Second, differences in conviction; Thirds opinion of sentencing. The third part ,the focus of the dispute is the analysis of criminal law. First, the nature of the acts, the subsequent withdrawal behavior infringes on the legal interests, harmful to society, has to look forward to the possibility, therefore identified as criminal in nature; Second conviction, Xu Tings behavior constitutes theft. Come to the defend