Legal Philosophical Thinking On The Debate Of Xu Case

This paper attempts to explore debate of Xu case from the legal philosophical perspective. After brief introduction of the "Xu case" and the main argument on it, this paper puts forward on criminal law, civil law and public morality stance scholar's different viewpoints is mainly due to the difference of values and thinking of position, ultimately, it could make possible consensus by"the higher platform", legal philosophy that study"law should be"through"building a bridge". "Xu case" the nature of law applies for to "Xu type withdrawals behavior" consciousness of social damage struggle, to this, we shall hold a value relativism position in applicable criminal law, the basis of convicted mitigated punishment. For "Xu case" argument for theft, we should realize the criminal, civil society function is different, and in order to achieve the law's social security function (in "Xu case" should be higher than law encourages function of trade), in "Xu case" should choose from criminal law in starting position to consider the nature of ATM machine, its as "the thing", not as "the electronic agent", so "Xu type withdrawals behavior" shall constitute stealing. Actually, Xu case is in the country's economic and technology rapid development, intelligent system is widely spread occurred under the background of the new era of intelligence, is not up-to-date.To the development step, a challenge law reflects legal hysteresis. Academic discussion can make us realize this question, and how to solve this problem to make some theoretical proposal, would eventually let backward laws keep abreast with the pace of development and reflect true opinion, and give "Xu type withdrawals behavior" an appropriate legal punishment, and still have to depend on legislative power to change.