The Relevant Legal Issues Of "Xu Ting Case" Analysis

Xu Ting case was started from an automatic teller machine withdrawals fault loopholes. The criminal suspect is considered to theft by financial institutions. The criminal suspect is sentenced to life imprisonment in the first instance. The media reports triggered a hot discussion on the law. All sectors of society and law experts heated debates main focus of the case: the case of the application of civil law or criminal law, whether ATM machines are financial institutions, whether banks will have to assume responsibility, and whether the real-name withdrawals should be treated, such as theft.This paper examines the case in the trial and retrial for the evaluation and comparison of judgments on the basis of the case by reflecting on the legal issues and further excavation. The issues involved are: the conflict between the stability of law and social development lags; the discretion of judges and reasonable application; relations of media and the independence of the judiciary ,and media impact on the of justice; the conflict between expression of public opinion and the independence of the judiciary .This article holds that the countries in the development of law, the judges of the facts of the case can only be based on the applicable law and not the creation of laws. Law lagging is exit, but, the judges could not be a mechanical, dogmatic application of the law. The law have to give judges discretion. Otherwise it is difficult to reflect the flexibility and achieve the requirements of fairness and justice. However, we should also consider the application of the discretion of the problem. Public opinion on the case has an impact the outcome of the trial and has an impact on the trial process. The expression of public opinion in the administration of justice is a powerful influence. Therefore, in the influence of the media and public opinion, maintaining independence of the judiciary is very important.