A Study On Act Of Malicious Drawing With ATM Malfunction

Recently, with the development of Chinese banks, the phenomena such as credit-card theft, illegally using the lost-and-found credit-card, and ATM theft increase yearly, and the cases concerning credit-card theft, illegally using the lost-and-found credit-card, and ATM theft grow so greatly that they do great harm to the people's property safety. The behaviors that someone draws illegally by the theft or with the lost-and-found credit-card occur now and then. It's undisputable to decide and punish those behaviors, whereas it's in hot argument to decide the behaviors of illegal drawings by making use of the malfunction of ATM in the field of theory and the judiciary. Although the rules to the theft and the financial theft have been made in the Criminal Law, 1997 and the Explanation to the Specific Law Application in Deciding Theft Cases issued by the Supreme Court, the simple laws and the shortcomings of the Explanation have huge influence on the judgments of illegal drawings by making use of the malfunction of ATM. Based on the sentimental Xu Ting case, revolving around the behavior of illegal drawings by making use of the malfunction of ATM, the writer explores such issues as to whether it's a crime or not, what kind of crime it is and how to judge, by analyzing the case in the paper. It contains six parts with 19000 words as follows,Partâ… : Case. To introduce the process of Xu Ting's illegal drawing by making use of the malfunction of ATMPartâ…¡: The focal point of case. The fundamental issue: whether Xu Ting's illegal drawing by making use of the malfunction of ATM is a crime or not, what kind of crime it is and how to judgePartâ…¢: Dispute and divergent idea. To show the disputable issues and the reasonsPartâ…£: Legal principle is analyzed. Firstly, to analyze whether Xu Ting's illegal drawing by making use of the malfunction of ATM is a crime or not, and point that it's firstly a civil behavior between the credit-card holder and the bank to illegally draw by making use of the malfunction of ATM, it breaks the Criminal Law and therefore it's a crime. Secondly, to explore what kind of crime it is, and point that though it seems to be usurping or credit-card fraud because it matches the fundamentals of those crimes, it is a crime in fact by the systematic analysis. Finally, to analyze how to judge it in the premise of that it's a crime. The wrier see to it that illegal drawings by making use of the malfunction of ATM can't be judged to be financial theft, but a general theft, and it can obtain reduced punishment because it really has extenuating circumstances.Partâ…¤: Conclusion. Xu Ting's illegal drawing by making use of the malfunction of ATM matches the fundamentals of theft, and therefore it should be judged as a theft. Because such extenuating circumstances as the bank has wrongs occur, it can obtain reduced punishment.Partâ…¥: Lesson. It's no doubt that the analysis and the research on the case are very important because they are the premise of the judgment. So is the lesson. Through the analysis and the study on Xu's case, the writer draws the conclusion and shows us the importance of learning from the lesson.