ATM Crime

With the widely used of the convenient and efficient ATM machion, automatic equipment in society, related cases of ATM machion happen frequently.The new type and complex cases make the ATM machion crime be the attention of the public. As the controversial typical cases of ATM crime, how to qualitative and processing this sort of behavior has sparked a fierce debate. By a common criminal case rose to be a wide public concern public events, its meaning is more than a case itself. Based on the case in xu ting, we summarize and analyze the ATM machine in the crime of several large dispute with difficulty the type, and bring forward some constructive suggestions of the existing legislation. During disscussingATM crime, the author summarized the judicial practice from the criminal cases of related ATM tand used credit cards as the standard.In the first part of this paper, we analysis the xu malicious withdrawals behavior in combination with the specific provision of the criminal law. This part of the key is whether action in civil law belongs to xu unjust enrichment, and whether it belongs to steal financial institutions and can apply the "discretionary reduce" rules.The second part of this paper mainly discusses the ATM machine in criminal behavior quality. We expound the practice ananlysis for the ATM machine crime of occupy sin, theft, credit card fraud and other types of ATM machine crime. In the view of the above discussion, this paper briefly introduces the different aspects of the other scholars and, during this process, demonstrates the different argument.The third part mainly disscusses legislation improvement of the ATM machine crime. First of all, there will be processed the judicial application and the special system perfection.Then we put forward the suggestions which make xu behavior or similar behavior as the crime that decided by the seriousness.From the case by xu adjudged leads to the ctiminal amount for provisions in legislation. The premise of the amount prescribed by law is the unchanged national income level, while at present the amount of our country legislation is apparently irrational standard. Combined with China’s specific conditions, we will follow the principle of legal punishment to disscuss the legislation perfect way from our legislative and judicial present situation.From cases found the problem and the method in exploring solutions from the perspective of judicial application, this paper explores the practical solutions by combining with the characteristics of the judicial practice.