Legal Analysis Of The "Xu Ting Case"

Xu Ting case was a newspaper named "the2007annual top ten influential lawsuit",although the final to five years imprisonment for nodes, but in the law theory and judicialpractice is still in discussion and research. The validity of transactions in violation of thecriminal law and why? Thus, expands on the crime with the non-crime boundary, even in thecase of civil law and criminal law based on cross question is worth all the legal thinking, thispaper is divided into four parts.The first chapter, firstly introduced the Xu Ting case, namely from Xu Ting s behaviorfacts, after a trial, trial, trial, or the" life imprisonment" translate into" five years ofimprisonment," the entire process, points out that the Xu Ting case caused by social impact,and a brief explanation of the case main focus.The second chapter is about the crime with the non-crime clarify, is also the maindiscourse focus. Which relates about Xu Ting qualitative problem, the author thinks the XuTing case exists in two civil relations, Xu Ting acts constitute unjust enrichment, it shouldapply civil law rather than the crime criminal law. In addition, on the civil and criminal issues,especially the unjust enrichment in the civil law and criminal law in the intersection problems,is in this case a discussion point, because this will be directly related to such as" unjustenrichment constitute a crime" and so on. What need points out is, I think, Xu Ting behaviorbut also a tort, resulting in unjust enrichment and the issue of concurrence of tort.The third chapter is about the bank’s liability in the case. The author thinks, the bank inthe case of existence", is an obvious fault" Xu Ting behavior important inducement, shallbear the corresponding liability.The fourth chapter is about the reflection, the author hopes that the analysis, can arousereaders to think more about the case of Xu Ting, China so as to promote the process of rule oflaw.