Professor USA first Chinese American mayor Huang Jinbo challenged the Law School of Tsinghua University

[anonymous] Sina netizen in "American first Chinese American mayor Huang Jinbo: Xu Ting case should be sentenced to 20 years! "

Published: 2008-04-01 11:14:35

   Professor Xu Zhangrun of Tsinghua University Law School: banks should not the use of public power

Xu Zhangrun believed that between the customer and the bank is a kind of civil legal relationship. After the incident, the bank should first use civil means to achieve civil remedy, if not, should mention the use of public power. The bank teller video, identity card number, completely can notify the defendant, Follow-Up Services to claim back. Direct the use of public power is a kind of inappropriate practices. Public power is the taxpayers' funds to maintain, is a kind of scarce resources. Not allowed to use scarce resources. We feel that there is a strong alliance, namely financial such strong side with the public security and judicial so strong combination, but not the customers as the God to look at. This is a major flaw.

   If is the civil tort disputes, so as the public security organs, the public authorities of the court should be detached from it, not to interfere. In fact, things have happened once, financial institutions, judicial organs and other powerful alliances, consistent foreign. The case occurred between financial institutions and its service object, should be first in equality on the basis of civil law, the regulations to resolve.

 

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    I do not agree with the views of Professor Xu, Tsinghua University School of law. Below I talk about my opinion against his.

    Xu Zhangrun believed that between the customer and the bank is a kind of civil legal relationship. After the incident, the bank should first use civil means to achieve civil remedy, if not, should mention the use of public power.

    This is a criminal case! Banks do not casually use of public rights. Xu is not the loan does not have, or false signature, or because the transfer, wrong password and other business disputes, he was riding the ATM unexpected failure of the case, in the second began to deliberately use the same machine failures, to carry out criminal acts! Occasionally the machine in question, this is not the banks deliberately deceived others crime, the bank should bear what responsibility? But Xu no public morality, is a greedy man. He didn't tell the bank ATM fault? But he is in fact know "intentionally" take not your property is stolen, instant into criminal law is guilty, so will he hurried away to a distant. More than a year to be captured! This is the "intention", how to seduce? This is commit a crime it knowingly! Stealing is a criminal! Every day I meet the lure! To commit a crime?

 

   A netizen wrote well: social morality in decay! A criminal, not with their own money, know not their own money, was able to win so many people's sympathy! This shows that a lot of Chinese cannot distinguish right from wrong! Even what is moral is not know! Not to mention what is ill-gotten gains, what should take what shouldn't take! What to take is a crime, because they are poor to corruption, corrupt officials are corrupt, why am I not greedy, this is Chinese sorrow!

 

   Because of this, I should not go back USA. I will China 20 years, more than 100 times, I see a lot of the central leadership, the provincial and municipal officials are more than the average person, contact the people more, I was in china! People know more than Chinese Chinese, A bystander is always clear-minded! Over the years I was living in the Chinese. Countries are difficult, expect everyone to do his duty! I have the responsibility to improve people's quality of public morality, emancipating the mind, scientific development! In order to have one world, one dream!

 

   Xu Ting when accident fault in ATM, using others (bank) to the shortcomings of stealing. We don't want the criminal sympathy, ATM is out of order, but it is not the bank "deliberately" wrong, nor the bank to "lure". Xu Ting desperately took and took the money in the bank, this time has become a criminal! Once is a criminal, automatically triggered public security and judicial task, automatically to protect life and property of public service!

 

   Why is that banks with a civil relationship Ting alone? There are disputes or conflicts that are not business, not belong to civil. Is for example, a bank staff have one hundred and seventy thousand yuan in the package inside, brain failure suddenly fainted not awake, Xu Ting used his hands wallet away, this is "deliberately" seize bank or property of others, this is a criminal instead of civil! The rational is rational, is not deliberately! ATM machine and the staff is not the same, but both are the bank's money, because the service unit (ATM or bank staff) unexpected failure, not seduce, is Xu Ting "intentionally" lost the moral method captured is not his! Also used to say?

 

   Legal protection of minority rights, while respecting the most human rights. No one is above the law, American is a typical, Clinton was almost get even the president did not have to do. Before America President Nickson the stage! Why not civil legal relationship?

 

   No one can be higher than the law. The law is not perfect, it is the Legislative Yuan, Judicial Yuan, judges, lawyers and other problems, it should be changed. When we analyze this case, should not be related directly with the other and no thing to analyze. I feel very sad: a lot of people say the corruption that corruption, millions of only sentenced to 10 years, 15 years. These are not within the scope of the case. This corruption is not our immediate solved.

 

   A crime is a crime, how many years is another with different case. Corruption is someone willing to give money to lure people greedy, immoral, willing to pay. A use of rights, another is the abuse of rights, with the violent rob nature, threaten people get not to belong to own property is completely different. Can't say how much the corruption should be how many years. Corruption and theft case, the influence of the society and the incidence rate is not the same!

 

   And I found that many customers by Bank of bullying in the survey, fake money or no money out of ATM and receipt in bank, never bad, wrong is not times donate loss. I sympathize with the customer! I will also help customers find a fair chance! But not because of a wrong again wrong, not because of grievances to the bank, so the sympathy of intentional crime person! Chinese low quality and poor people too much, a bit heavy sentence will play a role! Now known to the country, not just that a heavy sentence has affected? Xu Ting case is the future this kind of case precedent. (PRECEDENT CASE!

 

   A years can not find Xu ting. Because the person has to escape. The bank has no right or the ability to find the people will be in where, despite his video, ID. The bank has no right to arrest this man back. Professor Xu, understand? Banks have no way to find him. Public right is public, the judicial yuan. Please, Professor Xu to court read what is civil, what is the criminal. When a ATM is a person ran into the bank or 24 hours for customer service, intended to rob to rob, is the criminal, public security and judicial to maintain law and order! The protection of property.

 

   If the professor Xu, because the door is not locked fault, or the air conditioner broke, room temperature 40 degrees hot, so you open the window, but I just know that this fault caused by chance, into your living room through the door or window, put inside the thing make a clean sweep of, this example can say is you lure I'm going to steal? You are the responsible tempted my crime? Because you have not locked the door fault, because the fault free sheet and to open the doors and windows, is lured me to steal, you will use the civil or criminal? With civil to tell empty sheet company times money? Later a neighbor told you he come to your house, but I have to USA, you invite me back with civil coordination or are you going to the court charged me a year ago because you open the doors and windows to tempt me to get your computer, cash and television?

 

   Another example, I sit next to you on the bus, you a hand held in large bags on the thigh. Your brain has trouble sleeping down, push you don't wake up. I deliberately to wait until the next station parking a killing there, take your bags off. When you wake up the purse is not in. You know I sit beside you, I Mei phase bus. You can use civil law came looking for my purse for you or the report also police criminal case to catch me? I have a lot of people will say: I took the big purse bus sleeping is not tempted, I also have a lot of people want to get, do not fight for pushing you don't wake up! We netizens many poor people, generally do not take your purse is stupid, is the rich and powerful, greedy, I don't get my dad will Benedict stupid! I just want to take care of it for you, don't give others your lure crime! You should take responsibility, but also to understand the situation of China, see the money have the opportunity to take without taking is the most stupid people, took a lot of sympathy! Professor Xu, your classmates will lure and civil law as I do for you

 

   If the professor Xu, also don't know what is what is civil and criminal case, I want him to go back to study, or I could go to Tsinghua University and he the case to a debate!

 

    Professor Xu said, we feel that there is a strong alliance, namely financial such strong side with the public security and judicial so strong combination, but not the customers as the God to look at. This is a major flaw.

   This I think is wrong! The customer is God, not truth, but a kind of ritual, to win customer satisfaction. Who says that the customer is God? I don't recognize! The customer may not always be right! Yes, between people is the need to respect each other, but once they become the villain, there can be no respect to talk about. For example, I blog some villain irrelevant to scold me, I talk about is the Xu Ting, and people say I don't Chinese, roll back American etc.. The Bible has been recorded, Jesus also stick. Chinese also saying, Buddha have fire! Many people say that Dr. Huang you are noble celebrity should not be angry, but I'm not angry! Because I'm not angry I win? As the saying goes, you are nice to me, I'll be nice to you! If you are worthy of respect, I will respect you. But if a person is at sixes and sevens to make trouble, we don't have! Between when people respect, when you don't deserve my respect. When you don't respect others, you will not get the respect of others; when you don't respect yourself when. Cannot get the respect of others! Get respect from others, moral character, personality to win back, not someone else to give you!

   You steal the things people as God to look at, this is a major flaw!!

 

    Professor Xu said, things have happened once, financial institutions, judicial organs and other powerful alliances, consistent foreign.

    This is wrong. Financial institutions, judicial organs are not powerful alliances, consistent foreign. Financial institutions, judicial organs to do this, is to make things more perfect solution! Financial institutions are also people, his service object that his client, which should be on an equal mutual exchanges and mutual benefit the environment. Knowing that those are not their own money, couldn't help the greedy desire again and again three to take, it becomes a steal, to cheat, to deliberately steal property. With more than 17, is so much sympathy and even poor, if the amount is 1 hundred million? The sympathy of the people will be a little less? If it is 1 billion? Bank bankruptcy, deposit customers also suffer? But with the crime or poor greedy Xu Ting? We don't just use numbers to make a simple comparison, do not use their experience for which a hate has no moral person. How much money is not as a measure of moral standards!!

 

   A moral man stole 10 yuan is not at ease, no moral person steal 1000 million is not fun! A seven year old peasant girl, but have no money for College Tutor, to the store to buy things to go home, found the money more than 10 yuan to her, the girl ran back to the store to return 10 yuan to sales, how do ah? Many Internet users have such education? How many netizens to pity her, think she is stupid? How many Internet users have commented on this girl in my blog on the courage to use real name?

 

   Some netizens ask, if my son is Xu Ting how I would handle. I can clearly tell you, my home there certainly will not be like the people of Xu ting. Because I have a tutor, educated father. My son has two doctorate: MD and Ph.D. in physics, his medical treatment in western medicine, cancer etc.! The annual salary of more than $150000, I make oneself an example and strict tutor has to make my son and daughter will not be so. If the same thing happened, who is my self-confidence, my son will make a phone call to the bank. Tell the bank ATM machine is out of order! But will not continue to press machine stealing the money. Xu Ting is to commit a crime it knowingly! I think this was sentenced to life imprisonment for the important basis! Regardless of who is, who is to leave ATM's money, all know it's not your money you don't have to take it! Xu Tingming knew had been a crime so with money fled to far places, more than a year to be caught. This is a sinner, why earn that much Chinese sympathy, it seems to me that so many people have lost the moral, really sad, more poor! So many Chinese cannot distinguish right from wrong, I feel very disappointed.

 

   I also see the other professors to comment on the case of Xu Ting, I can only say that if it is innocent or is a misdemeanor, or civil treatment, after more people will accept the lure, than to copy the stock more no risk and no capital! Civil law, innocent! What is the Chinese imperfect law mean? Think of legal experts! American, Britain, Hongkong and the world without a sound legal reference? Who knows Chinese situation is not the same! But you can change that does not use part, be perfectly logical and reasonable than China sound legal research on decades of research! No matter where in the world, are people!

 

   Finally I encourage: emancipating the mind, scientific development, improving people's quality, reach one world, one dream! Parenting has not yet succeeded, the comrade still needs to!           

                                              Legal opinions of Dr. Huang Jinbo

                                                    April 3rd 2008