The Qualitative Research On Removing The Left Cash In The ATM Machine

Although technology brings convenience to residents, it also brings troubles to our lives because of its extrinsic mechanical properties. And it is a typical form that the ATM machine causes property damage in a series of cases. Recalling the recent years, the case of Xu Ting showed the system loopholes existing in ATM machine, and the endless cases of fraudulent use of credit cards which are owned by other people highlight a fact, that the Mechanization will reduce the heart of defense by the offenders in a certain extent, and then improve their modus possibilities. In this paper, through the analysis of case against property which are related with ATM machines, we will elaborate on the various disagreements. And on the base of China’s actual situation, we will discuss the quality of behavior against the properties and the patterns of crime that will occur.This paper is divided into four parts.The first part is a basic introduction on the case, which includes the cause of action, the case, the dispute analysis and the main focus. In this case, the main disagreement is to characterize the behavior of both suspects, and the focus in dispute are focused on the boundaries of unjust enrichment and related property crime, possession of the subject matter of the case and identified the possibility of the helping behavior lacking in mean contact to become a crime.The second part is the core of this paper, that is involved in this case the focus of controversy in the legal analysis. In this section, we will through three areas to address the content. Firstly, through the discussion of the crime and no crime, the relationship between the unjust enrichment and property crime will appear. Secondly, on the base of identification constituent elements of "possession" in Penal Code and discussion related to the transfer of possession of lost property, we can correctly distinguish the boundaries of embezzlement and theft. Thirdly, by analyzing the possibility of the formation of accomplice by the one-sided intention, the basis of criminal penalties to abettor, and the possibility of late help behavior constituting a crime, we will actually identify the help behavior under one-side intention.The third part is the analysis and conclusion of the case. That is on the basis of the analysis above, combined with a variety of controversial opinions, draw our own conclusions, and to be specifically addressed.The fourth part is the revelation of studying the case. This part mainly discuss the positive impact in dealing with this case, including the correct understanding of lost property and forgotten, fair use of “facts presumption” to determine the status of property’s possession, and filling the one-side accomplice appropriately in the blank of domestic criminal legislation, in order to be able to make a more clear judgment on the related usurpation behavior.