Xu Ting Case Studies Under The Current Law Regime

Xu Ting will be the case as a master's thesis topic, two purposes, one is a summary, as summarized in the controversies of jurisprudence arising from all viewpoints, arguments, and arguments, and the other is the development, the development of this paper is different from in the past view of literature data, arguments, and argument.To this end, the text is divided into six parts, progressive layers to be displayed:The first part is the introduction to clarify the case of Xu Ting's case, and concluded the case for the existence of two controversial points: First, the case of Xu Ting criminal or civil law should be applied, and second, to determine the specific branches of law after the application of law.The second part of the first sentence in accordance with this logic, after the proof of the people in the criminal law norms were tested embezzlement, fraud, credit card fraud and financial crime constitute evidence of fraud, the conclusion is that these charges are excluded one by one.The third part is determined by the court constitutes a test of theft crimes, the argument applies to the process of comprehensive provisions related to criminal and civil law, a variety of legal interpretation and use, Ting Xu draw conclusions do not constitute a theft, this part of the body of this article .The fourth part is the exclusion of criminal law norms, follow the legal sense of precision by Xu Ting withdrawal behavior based on the bank enjoys the civil right of claim for the discussion, the conclusion is: Xu Ting for the first time no intention of more withdrawals of behavior, obtain the money only constitutes unjust enrichment; subsequent withdrawal of many malicious acts, and constitute fraud, tort and unjust enrichment, and the resulting occurrence of competing claims, the bank can choose one according to the principle of enabling the exercise. The fifth part is the case of Xu Ting through specific facts of the case, both from legal and social aspects of the point made by Xu Ting summary and reflection.The sixth part is the conclusion, on the regulation of criminal law and civil law norms through inspection Xu Ting withdrawal behavior, make paper, based on the views of the current law's decision.This has always insisted on specific provisions of existing law analysis to determine the context, if the reference to the relevant provisions of other countries, but only to better understand the interpretation of national laws and regulations related to the effective, which is the title of this article stressed that "the existing law system"reason. Despite the find, understand or interpret the provisions of existing law, and sometimes not easy, especially in particularly difficult cases encountered, but Xu Ting as a thesis topic, and in the process of writing for law practice to learn their faith, for its part, is an exercise, a deepening of learning, but also a moral accountability.