Author: Courtyard of Beijing University law teachs Chen Xingliang to release time: 2008-04-01 08:24:59
Editor's note: The case that make thunderbolt is average criminal case when the near future arouses wide attention and controversy socially, many peoples and scholar be involved in expresses view among them, and difference is very big still. All sorts of opinions are having different jumping-off place and stay place, conclusion nature is different, however, forensic eventually wants a basis " it is a basis with the fact, it is criterion with law " the principle makes final conclusion to this case. In the case that make thunderbolt at issue, can see provision of our country law and even judicatory have endless and perfect place, but we answer to come up in legal reason and orbit above all look upon, realize justice inside legal frame next. This is the legal result that people court place seeks and social effect is unified, the cognizance process of the case that make thunderbolt showed this adequately also. Say on this meaning, of the case that make thunderbolt arouse argue to will arrive the action that urges construction of our country law.
With respect to the case that make thunderbolt character, applicable and special alleviative argument has 3: It is the bank is put in fault apparently. Although this one fault cannot make Xu Ting's innocent argument, can become however applicable and special alleviative basis. 2 it is illegal degree lighter. Xu Ting is to use the trouble that takes paragraph chance automatically and filch property, this and use destroy the larcenous behavior look that takes money machine automatically to slip into financial orgnaization illegally even to compare, violate rate objectively lighter. 3 it is duty rate lighter. The fault of the bank produced tremendous monetary temptation, caused Xu Ting's crime thereby. From expect possibility comes up say, because existing to take money machine trouble automatically this one collateral state and make expect possibility degree is reduced somewhat, can reduce Xu Ting's liability from this.
After the case that make thunderbolt adjudicates in former first instance, cause the wide attention of media, to condemning the adjudicative kill of life imprisonment in order to steal financial orgnaization, the acoustical magpie of doubt rises. I think, the former first instance of the case that make thunderbolt adjudicates the result is oppugned, main reason still depends on measurement of penalty overweight. If make thunderbolt steal the amount of financial orgnaization,not be 170 thousand yuan however 710 thousand yuan, the kill that condemns life imprisonment to its can be gotten high by self-identity degree of the public much. Because measurement of penalty is overweight,be divided and generate the doubt that convictions to this case, the trouble that because Xu Ting is used,also takes paragraph chance automatically of course and ill will takes an itself of this one behavior to have some kind of specialty. Accordingly, eliminate the public to adjudicate the doubt of the result to making thunderbolt proposal, the trouble that ought to take paragraph chance automatically to using above all and the analysis that ill will takes the behavior of the paragraph to undertake legal principle go up, just be to consider to be on measurement of penalty next how lawfully take remedial action.
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