Author: Courtyard of law of Chinese people university teachs Wang Zunfu to release time: 2008-04-02 08:25:48
Latter, xu Ting is sentenced with making theft by court of first instance life imprisonment one case, cause wide attention socially, and around Xu Ting guilty innocent still, it is to made larceny or crime of fraud launch intense debate. I think, it is correct that the court maintains Xu Ting to make theft, but, sentence overweight. Talk about a few view simply with respect to pertinent question now.
, the substantial feature that Xu Ting takes a paragraph to accord with larceny from ill will of machine extraction a money
Say objectively, this case has the characteristic that is different from common general theft truly as larceny, this also is the main reason that causes fireworks. But, if we are not to treat a form only, however accurate the substantial feature that holds larceny to form, can reach Xu Ting makes the conclusion of larceny completely.
Theory of our country criminal law thinks commonly, larceny is to point to it is a purpose with detinue, secret filch is state-private the action with property larger number. Hold this blame correctly advocate objective two respects feature, it is the key with this pair of correct and qualitative cases.
Above all, xu Ting carried out secret filch to take the action of the capital inside money machine. Alleged and secret filch, average performance uses the method that thinks not to make everybody, custodial, holder detects oneself for behavior person, other property him lapse to or the 3rd person is all, this also is larceny distinguishs the most essential feature at crime of fraud. Someone says, making thunderbolt use his salary to get stuck to take a money from machine extraction a money is open, lawful, take a money with anybody and do not have different, the behavior of nonexistent secret filch, money is to take money machine to be spat automatically come, how can you say Xu Ting made theft? I think, this is the result that sees a form do not see essence only. Everybody knows, the bank is dealt with to the client without overdraw functional credit card, both sides builds right obligation to concern namely, the person that hold card has authority to collect ready money from the bank by this calorie of program according to the regulation. Beardless bank does not explain especially, any people that hold card know " go regular " , can collect the existing deposit amount inside card by card only namely. But, the place that make thunderbolt is this to be not. When he wants to take 100 yuan for the first time machine extraction a money spits 1000 yuan however, be beyond of his anticipation, the money that although he will be much,takes possess oneself of, also be to belong to kindness to obtain, namely of civilly undeserved benefit, cannot regard theft as of course. But, occurrence trouble of engine extraction a money is known perfectly well in him, when such operation is profitable, operate more than times 170 continuously then, accumulative total takes a paragraph to amount to more than yuan 170 thousand. Very apparent, he is the purpose that produced detinue bank financing first, here the purpose is controlled under, use the machine of occurrence trouble of engine extraction a money, had the fund of a huge sum of the bank with legal form, and this one process is to be in capital is possessory -- bank not know the inside story, i.e. disobeys what undertake below the circumstance of bank volition. This is in only with general theft steal the step that take to go up to differ somewhat, for instance, he is locked up without smooth door prize or be bungled bad to take money machine to take money from which, but, he uses the machine of occurrence trouble of engine extraction a money intentionally, detinue bank financing falls in possessory unwitting circumstance, with general theft the method differs, substaintial as good as, accordingly, the court is qualitative and inerrancy. But, some people see the shift that steals normally only, and ignored same kind of crime the method that its commit a crime, method may be varied. See a form do not see substaintial difficult lest give wrong verdict only.
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