From the Qualitative Error to Difficulty in Sentence Discretion——Examined and Approved Sentence on Xu Ting Case

In order to explore the reason of the false judgment of Xu Ting case,and to differentiate the civil or criminal attributes of the case,this paper has adopted the approach of integration of positive and negative proofs to prove that it is proper to judge the case as the civil tort rather that the groundless criminal case.

The corner and outlet of hot cases under the view of criminal law——Take XuTing case by example;

Take Xuting Case as an example, there are several legal issues to be discussed.

The court had made the final sentence of Xuting case, but reflecting upon this case just begin.

A comprehensive survey of Xu Ting s studies on Chinese new poetry has revealed that he has employed two approaches in his field:First,through his descriptive analysis of individual cases of new poetry,he has gradually gained a macroscopic and historical perspective.

Xu Ting s dishonest act of drawing money from ATM belongs to larceny in the scope of the criminal law.

After the judgment of first instance of Xu Ting case,the verdict has evoked the fierce responses of the public,the majority of people believe that the penalty is over-measured.