| When scientific development brings convenience to our daily life, it also raise new subjects for criminal law study. Sice e-trade has become a main tool in the contemporaneity economic activities, it is easily to been seen from verious media that properties are infringed by electrical errors. Electrical errors are those mistakes in electrical information transaction and transmission caused by the inevitable procedural defect. or system fault in computer network or self-hepl terminals in the process of e-trade.Take Xuting Case as an example, there are several legal issues to be discussed. Hence it is a serious topic in recent phase that how the resposiblities caused by electrical errors to be born. There is no definite regulations about the crime of occupation of property in criminal legislation, which leaves great arguments from definition to punishment. Guilty or not? If guilty, what crime? Or a new crime to be regulated seperately by criminal law. Through, deep analysis, Xuting should be punished by Embezzlement under the frame of the existing criminal law. Whereas embezzlement by electrical error is different from common embezzlement, it is proposed that embezzlement by e-error should seperated and become a new accusal, accompaned with detailed facts and punishment.Great progress in nomocracy is always pushed forward by typical cases. Just same as that Miranda Case suggested the Miranda Rule, the hot discussion of Xuting Case is a significant chance for us to hold to promote the development of criminal legislation and great progress in the construction of democracy legal system.
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