Empirical Analysis And Introspection On The Case Of Xu Ting ATM Theft

This paper gave the analysis and reflection to the new type criminal case of ATM Machine Theft in aspects of the judicial practice,the deep-rooted public opinions and its impact to judicial arbitration,on the basis of various ATM machine theft cases occurred in recent years,especially the typical case of "XuTing ATM Machine Theft".Partâ… :I reviewed the ATM Machine Theft cases in recent years,and raised several questions:XuTing was eventually found criminally responsible through the Criminal Procedure.Is its legitimacy adequate? Should such cases be resolved through civil proceedings or be regulated by moral condemnation? How should such behavior be treated rationally and fairly in the legal framework,so as to achieve the unity of legal effect and social effect?Partâ…¡:I gave the introduction and analysis to" theft "in this part,made a discussion to "secret theft" and whether ATM machines can be considered as financial institutions.So we were cleared of the composition of theft,laid the theoretical foundation to judge a crime and to punish it.Partâ…¢:The details,the first and retrial verdicts about the case and the community views were described elaborately.Positive-analytic-method was adopted to analyze such ATM machine cases from both substantive and procedure angles through the typical XuTing Case.I also explained why the case can be determined its nature to "theft" rather than "embezzlement" or "credit card fraud".A brief analysis was given to the two controversial concepts of "secret theft" and "ATM machines are financial institutions".Omissions and errors in the trial procedure was pointed out and corrected,aim to modify the inadequacies in judicial practice,unify the judicial means, judicial cognition and judge grounds,and ultimately to avoid such judicial embarrassments as " same case with different results" or " same result in different cases".Partâ…£:Analyzing the ruling and its reason,we got the conclusion public opinion was the humane conceptions and moral values formed in the traditional legal culture and played a catalytic role in the case,Chinese people will do everything under the concept of "doing favors".The core value of China's traditional law culture is harmony and its typical characteristic is to pursue the ultimate value.Close reflection was given to the relationship between public opinion and judicial independence.It was encouraged that China's judicature was re-examining and learning from the traditional legal culture to promote the modernization of law.