Expect that "Xu Ting An" reviews the rectifier mistake of first trial

Youth Xu Ting takes money 175 thousand Yuan because of using ATM machine fault leak, first instance quilt the courtyard sentence life sentence in Guangzhou. Reporter investigates discovery, abroad, similar ATM machine fault incident is common , is handled independently by bank, police is rare to intervene. In the incident that bears a strong resemblance to together with Britain" Xu Ting An", using ATM machine leak, take a family of 130 thousand Pound, its member difference has been sentenced 12 months to 15 months not the imprisonment of etc.. ( " the south metropolis of December 21 newspaper " reportHttp: / /news.sina.com.cn/s/l/2007-12-21/024914568818.shtml)

Actually," Xu Ting An" have early the lawyer who makes complete personal deciphering from legal layer surface and is engaged in criminal lawsuit many years: Convicting have mistake. Reason has at four o'clock, in which, the most convincing point is: When occuring customer malice, take money incident, first, what will undertake responsibility is the bank that machine and its machine represent , because restrict and prevent malice to take the right of money have granted bank with responsibility in beforehand contract, unless machine error from hold card person intentional cause.

Read over news discovery, Xu Ting malice takes money can occur, because ATM machine has occured fault, and this fault is not Xu Ting to cause intentionally, so major responsibility when bank, Xu Ting has to do good to merely using bank working fault improperliness. Now, reporter turns the similar case that goes abroad , again finds out a strong evidence simply for court to bring a verdict improperliness just. May anticipate to be faced with the next pie on this kind of day , everybody has dizzy meeting , so loses reason. This is the weakness of human nature , should consider at the time in measurement of penalty.

This just may explain why abroad similar incident police is rare to intervene , same may also explain why " have taken 130 thousand Pound, have sentenced the imprisonment of 15 months at most however " this fact. Perhaps, bank side will say that national difference and law are discrepant , can not analogize. May same is in December 21 , two news for this kind of view make strike back: Chen Liang Yu secretary Qin Yu asks for and receives to accept bribes Lu money thing converts into the Yuan more than 6820 thousand, last instance had been sentenced without issue( "finance and economics" report); Original Shanghai is electrical( group) head office chairman of the board Wang Cheng Ming is suspected for corruption the charge of 300 million Yuan establishment, accept bribes the charge of 210 thousand Yuan establishment, two crimes punish have been sentenced death penalty with reprieve( " even Lu evening paper " report).

This is domestic together, illegally take and accept bribes to belong to to use authority open steal, why bring a verdict under going through the case condition with very wide amount of money are near as a result? The meaning of which deserves to be pondered. Actually, basis the general suitable law of mankind, when utilization legal maintenance different interests group or mankind the ultimate meaning of general suitable value goes up , national different, legal difference is not excuse. This may be reflected from public opinion: Ninety percent of online friend thinks that measurement of penalty is overweight. Therefore " allow Ting Yi case " present the charge unsuitable overweight trend of measurement of penalty obviously.

If examine quantity on whole, our administration of justice is environmental, may reach such conclusion: The freedom of judge cuts quantity right have caused serious administration of justice to be not public , judge has to see that guest takes off the suspicion of vegetable. In reality, ATM machine occurs fault, swallow card or swallow money or spit out false money incident from time to time occur, court what have sentenced bank crime of fraud? Therefore superior court overthrows rectifier this kind of stark naked judicial discrimination and the judgment of courtyard in Guangzhou , gives Xu Ting a reasonable punishment , may not only expect completely, and is to defend judicial justice should have justice.

The author thinks , leave in line with the angle that melts from human nature, this case should determine the nature civil action, allow only Ting can return 175 thousand Yuan, give him proper punishment education may. The report of December 20 of " south metropolis newspaper " says , Xu Fu Cong relative friend place east puts together west have pooled the preparation squabble of 200 thousand Yuan, and allow home and not rich - - 3 a monthes can't take in 1000 Yuan. Under this kind of condition, is necessary more for Xu Ting Cong light handling, this just accords with judicial theory with people as book. Because this may save a family.