3month2日Late，Professor Zhang Mingkai, doctoral supervisor of Tsinghua University Law School, visited the Law School101Lecture Hall，Bringing a wonderful academic report to the teachers and students of our school。The original title of the report is "The Concept of Criminal Law Interpretation"，But at the request of most teachers and students，The academic report is temporarily changed to "Thoughts on the 'Xu Ting Case'"。The report was changed to an associate professor，Teacher Deng Zibin serves as the reviewer。

2006Year4month21Day, a certain bankATMSystem error - withdraw money from teller machine1000Yuan but the bank account shows only deduction1yuan deposit, Xu Ting took this opportunity to use his bank card to swipe it171times, withdrawn from the bank17.5Ten thousand yuan. In the first trial, Xu Ting was sentenced to life imprisonment.

Reporting,Zhang MingkaiThe bet365 best casino gamesprofessor discussed the legal and legal concept issues involved in the case in four points。

First of all, he explained the reasons why Xu Ting’s behavior constituted the crime of theft: The first aspect is about the crime of theft。For more than thirty years，Our definition of larceny has always required “secret theft of public or private property”。张The professor believes that it is unreasonable to require that the theft must be a secret theft，The classic foreign definition of the crime of theft is: against the victim’s will，Transfer property owned by others to yourself or a third party。The money in the bank ATM is owned and owned by the bank，Depositors do not have de facto possession of their deposits，Convert its property rights into creditor's rights；At the same time，Xu Ting’s behavior goes against the will of the bank。Therefore，This case undoubtedly constitutes the crime of theft。The crime of theft is a "cover crime" of the crime of infringement of property。The second aspect is about our country’s Criminal Law196Article3The provisions of paragraph 17334_17343