Study On Sentencing Of "Xu Ting Case"

Xu Ting failed to use an ATM vulnerability on April 21,2006, using his real name of the bank card to withdraw money maliciously. The case of First Instance sentenced the defendant to Xu Ting life imprisonment for theft. The case triggered after the media reported that the community and law experts of the heated controversy. Great concerned in public opinion, the case ultimately sentenced the defendant to theft in the Statutory Sentence Xu Ting imprisonment for five years. But the controversy has still not ended. The sentencing focuses on two main arguments:First, sentencing Xu Ting five years in prison is based on issues; second,it is from the case for "The People's Republic of China Criminal Law," second paragraph of Article 63rd, including the case whether compliance with the terms of the applicable conditions and mitigating the extent compliance with laws and regulations.This article focuses on the case, sentencing issues, the focus of debate around a study.With regard to sentencing case basis, this paper is first based on the disputed grounds of several sentencing analysis, to identify. Then from the origin of criminal law penalties for the purpose of this problems, we should combine China's criminal law provisions related to sentencing, drawing on research scholars to clarify it according to our sentencing. Xu Ting combined analysis of the specific circumstances of the case, clearly the case under the proper sentence. The last sentence from the sentencing equilibrium value attributes start, using analogy research methods, compared to a similar crime, the case reached the sentencing range of theoretical.About the present case for "The People's Republic of China Criminal Law," second paragraph of Article 63rd issue. In this paper, the terms of the relevant views on the start, according to China's criminal justice practice, and from the Chinese criminal legislation and judicial point of view of the entire system, should be valuable to examine the provision and spirit of the provision to express conditions of use in contemporary China and mitigating amplitude.According to the concrete analysis of the facts of the case, Xu Ting argued the case for the provision of legal rationality. Then,in the above analysis, based on the present case, the results of the final sentencing are evaluated comprehensively.Finally, the paper Analysis of a case raised the issue of sentencing the root causes. Combined with our specific criminal justice system on how to alleviate this contradiction, from the perfect criminal legislation to raise the level of criminal legislation; perfect interpretation of the criminal justice system; from the national level, a clear system of penalties to reduce the applicable conditions, reducing the extent and punishment system, and to play a role in the system the system of protection; and to increase awareness of judges light punishment, give full play the active role of judges put forward a number of author's ideas.