On January 25, 2008, has spent ten years in prison for Hao Jinan, is a special day. To this day, by the Shanxi provincial procuratorate recommendations retrial correction Hao Jinan robbery in Shanxi province high court as the court of retrial.

9 in the morning, the start of the trial. The high court of Shanxi Province, to form the trial supervision tribunal vice president Bai Yongwang as the presiding judge of the collegiate bench, the Shanxi Provincial People's Procuratorate sent Song Jinmin, Wang Fang, Zhou Yin three inspectors to perform their duties, the Shanxi province of Shanxi lawyer Li Wanzhong free for the Hao Jinan trial. The Shanxi Provincial People's Procuratorate, the provincial high court officials, the news media, Hao Jinan's family a total of more than 20 people attended the.

In court investigation and evidence stage, court prosecutors to show to the court three new evidence of the Hao Jinan case is found, that is caught kill Liu Yinhe suspect Niu Jinhe, Cai Demin, Zhang Guangrong's confession. In this three evidence, three people confessed they kill Liu Yinhe ten years ago, that Hao Jinan did not participate in the murder of Liu Yinhe. Accordingly, to the prosecutor pointed out: in November 18, 1998, Shanxi province Linfen intermediate court "to robbery and sentenced to death Hao Jinan, suspended for two years, deprived of political rights for life" error in judgment, shall be rectified in accordance with the law.

Has served ten years in prison, fifty years of Hao Jinan gray hair, faces stiff, dull, looked much older than actual age. In court prosecutor, judge repeatedly asked him "why admitted killing Liu Yinhe", Hao Jinan choked voice, tears trickling down one's cheeks: "they beat me to death, I do not admit, they always hit me", let the spectators be moved. When the judge gave Hao Jinan the last statement, Hao Jinan said: "I just hope the law."

Hao Jinan's lawyer, Li Wanzhong in court investigation and evidence stage, on the first trial in ascertaining the facts, the applicable law on the existing problems are analyzed, and the possible cases of torture to extract confessions of Hao Jinan expressed their views, think "the investigation organ to torture to extract confessions and other illegal means to obtain the means, inducement evidence that the Hao Jinan case, the error of entity, fundamental". At the same time, Li Wanzhong pointed out: "not guilty, restore reputation, state compensation, are unlikely to let Hao Jinan go back to the past, wrongly completely changed his life, let Hao Jinan from a legal citizen become a robbery homicide, the lesson is enough to make every thing from legal alert!"

After the court investigation, evidence for more than two hours, the court adjourned. 3 pm, the court in court again, after the collegiate bench, court judgement: the original and review that the defendant Hao Jinan hold a knife to Liu Yinhe for money, will Liu lethal facts of a crime are not clear, the evidence is insufficient, the existing evidence can not prove that Hao Jinan constitute the crime of robbery, the original judgment to robbery sentenced to death Hao Jinan, suspended for two years. Execution, deprived of political rights for life is wrong, should be corrected. According to the relevant provisions of the criminal procedure law, revocation of Shanxi Province High Court (1998) intermediate court No. eighty-fourth Jin Xing nuclear criminal ruling and the original Linfen area (1998) die early word number forty-ninth criminal judgments, declared Hao Jinan innocent.

From Hao Jinan was arrested that day, to this day, it has already been ten years.

The murderer: captured during a patrol in

April 11, 2006 morning 2 when, Yiyang County of Henan Province Public Security Bureau police patrol to the bridge of Luohe, found three suspicious appearance and movements. Investigation, one of them ran, in the police catch up, had to jump from the bridge into the river. The man claiming to be Xue Shihao, because of his leg broken by the public security bureau to the hospital. Careful treatment of the hospital, the public security police meticulous care, the conscience, finally tell the truth -- Niu Jin he own name. In the cured after a week, Niu Jinhe puts forward to want to see the police team big captain. In July 24, 2006 1997, Niu Jinhe explained the twelfth lunar month it together with others in the Shanxi Tai tou Zhen Pei Jia He Xiangning mine robbed and killed the mine worker Liu Yinhe criminal facts. Yiyang County Public Security Bureau immediately sent to Xiangning County of Shanxi province to carry out investigation to verify, confirm Niu Jin he told is true. In August 20, 2006, Xiangning County Public Security Bureau to the Liu Yinhe murder to the investigation. Identify the involved in the crime Zhang Baoxin had died in the accident, in November 17, 2006, Zhang Guangrong suspects were captured, the other suspects confessed to the case's real name is Cai Demin, from Henan province in Wuyang county had stabbed a man. In December 15, 2007, the suspect Cai Demin arrested. Niu Jinhe's surrender, captured Zhang Guangrong, Cai Demin, Liu Yinhe killed the truth emerged:

In 1997 the twelfth lunar month, the coal Xiangning county have a holiday, the holiday after the mine does not provide accommodation, Cai Demin (as Yang Xiaoguo), Niu Jinhe, Zhang Guangrong successively to the villagers Hao Jinan rented a place, and told Hao Jinan that, for a few days to go home. In January 18, 1998, once worked with Hao Jinan in the same coal mine Pei Jia He mine workers Liu Yinhe to Hao Jin home visit, gossip, said Liu Yinhe sent thousands of yuan of salary, not ready to go back to his hometown in Shandong have the Spring Festival this year.

Is such a word as Liu Yinhe brought fatal disaster. Cai Demin Liu Yinhe heard these words, he and Niu Jinhe, Zhang Guangrong and just in Taitou met Zhang Baoxin counsel, find Liu Yinhe borrow money, if not to borrow, do rope tied beat him, let him not adult. In January 19th, Cai Demin went to the Tai tou Zhen bought an electric torch, a rope. After dinner, Cai Demin, Niu Jinhe et al. Once the bay to walk to the place to borrow money Yinhe Liu Pei Jia He coal mine. Liu Yinhe said no money not to borrow, defenseless Liu Yinhe Cai Demin who was killed. After that, several people carry off all that one has, over the bed, in a bed of brick seam in the robbery was 200 yuan of money, return to the Hao Jin home, destroyed the gloves, threw a flashlight, Cai Demin, Niu Jinhe changed his clothes and shoes, and the shoes to the price of 20 yuan to Hao Jinan, the night fled tou zhen.

Ten years: Yuanchenhaidi unmanned ask

Third days after Liu Yinhe was killed, his countryman, Stella Chang found his body, and to the local public security organ text. Reporters saw at the inquiry material on Stella Chang, in 1998 January, the four asked, in March, Zhang says the night Hao Jinan went to Liu Yinhe, there was Zhang Laisuo and Wei presence (one about Dong Hong Biao was there), and said that before Liu Yinhe died that day in the evening, Hao Jinan was the only one who come to Liu Yinhe. The evidence of the case, Stella Chang in Henan in August 11, 2006, Yiyang police on the inquiry said: "the Public Security Bureau will I can in mine office, dark, I provide the old men (Hao Jinan's nickname) condition before put me back." In fact, Hao Jinan in the night did not have been to Liu Yinhe's place.

In January 24th, misfortune befell on Hao Jinan. In Hao Jinan's rented house, Public Security Bureau search out Niu Jinhe and others had left with Liu Yinhe stained white shirt and put on Hao Jinan's foot and the scene footprint pattern consistent leather shoes.

After the local public security organ with a series of "assault review", although Hao Jinan repeatedly pleaded that he did not murder, or be of no avail, March 4th, Hao Jinan was arrested. To Hao Jinan announced the arrest of a decision, Hao Jinan put forward his own did not murder, and said that the shoes are sold Yang Xiaoguo to him, Liu Yinhe may be Yang Xiaoguo, Niu Jin he killed, but did not cause the attention of public security organs. In November 18th, Hao Jinan was in Linfen (now Linfen city) intermediate court to robbery and sentenced to death, suspended for two years, deprived of political rights for life. At that time, the court held that: "in late January 19, 1998 10 when make, the defendant to carry a knife to flee to Xiangning County Pei Jia He Liu coal mine Yinhe residence, to Liu Yaoqian, Liu said to lend the money to a fellow. Defendant Hao Jinan are extremely dissatisfied, namely hit Liu's chest with boxing, Liu went to call a person, the defendant Hao Jinan put the door blocked, carry out the knife head stung by Liu, Liu fell on the ground, and boarded a blow to the head, neck and hand cards and other violent means, to Liu died on the spot. Then, in Liu's closet, under the bed board for money failed to flee the scene. Found above facts: reporting materials; Xiangning County Public Security Bureau of criminal identification of science and technology book with Liu Yinhe Department of asphyxia complicating craniocerebral injury and death; Xiangning County Public Security Bureau of criminal identification of science and technology book records the scene left shoes footprint characteristics and Hao Jinan right foot rubber soled shoes sole features belong to the same pattern; forensic conclusion records extracted from the left front and left Hao Jinan white shirt cuffs blood; blood type is O type, and the Liu Yinhe blood group. In addition, Hao Jinan put forward the leather shoes and white shirt is Yang Xiaoguo, he did not commit the crime. The investigation, according to Hao Jinan Yang Xiaoguo of the household registration area without the person."

From then on, Hao Jinan was put into the Shanxi prison in Fenyang, at the same time, he also began his appeal road. In an interview with reporters, Hao Jinan said: "just began to write, I also think the world always has a place of reasoning, there will be people that I am innocent, can send a letter did not reply, to later felt numb, as if all their recognized themselves is a murderer the. But I never gave up writing complaint, may become a habit, as long as the hand stamps, envelopes I write, write every month......" The simple and honest farmers told reporters: "I think it might be a stamp less, then I put two piece, three Zhang (stamp), I want this letter should smooth out!"

Error correction: the Shanxi Provincial People's Procuratorate act quickly

In March 29, 2007, the Shanxi Provincial People's Procuratorate accused the director Hao Yuewei and deputy director general Wang Xiaoyan, assistant inspector Liu Yanfang to Fenyang prison sentence hearing a complaint. In the hearing process, the Fenyang prison staff said to them: "the continuous Hao Jinan jail, Xiangning County Public Security Bureau had to return, that caught the murderer, but a few months do not see activity. Don't know what is going on?"

"At that time, my first thought was, Hao Jinan's decision may be significant errors. We immediately require prison provide the written judgment, and asked whether the complaint materials. Prison staff side arrangement copied all the judgments, and give us a recent Hao Jinan appeal." Hao Yuewei said in an interview with reporters.

Back to the authorities, Hao Yuewei personally reviewed Hao Jinan's judgment and some of his complaints material, that the original treatment of serious lack of evidence. Then, to verify the murderer is caught Xiangning County procuratorate. That Niu Jinhe and Zhang Guangrong have been captured, find out Zhang Baoxin has died, and a criminal on the run. In April 12, 2007, the Shanxi Provincial People's Procuratorate accused complaints through the review draws on the Hao Jinan robbery case review, deputy attorney general Liang Quan immediately approved review, and also to the then attorney general Cui Wei. Cui Wei requirements, selecting competent personnel, to form a group, seize the time, as soon as possible review. Then, by Liang Quan, Wen Xiaoping two deputy attorney general in charge of project group, set up by the appealing director Hao Yuewei, deputy director of the two Xiao Ling Lee, the two attorney Song Jinmin, Wang Fang, Zhou Yin.

In order to shorten the time, in the review, the investigators to give up the rest, overtime, in April 25, 2007 will be the end of that case review, the original Hao Jinan belongs to the mistake, Hao Jinan there is no crime, should be corrected. In April 29th, the case to the prosecution of two. In April 30th, two of the indictment to the hospital leaders decided to propose to the provincial high court for retrial. "Five one" during the long holiday, prosecutors handling the case of Song Jinmin, Wang Fang, Zhou Yin gave up, marking, from May 8th to May 14th, just a week time, and then to Linfen, Xiangning, Fenyang and Henan Province, investigation and evidence collection, travel thousands of kilometers. In May 14, 2007, the Shanxi Provincial People's Procuratorate issued "on the Hao Jinan case" retrial recommendation letter to the high court of Shanxi Province, Cui Wei and Wen Xiaoping himself and the court coordination. In May 15th, the Shanxi province high court decided to rehear the case of Hao Jinan. In May 30th, the high court of Shanxi Province, Hao Jinan served the retrial ruling. In correcting wrong judgment of Hao Jinan, the Shanxi Provincial People's Procuratorate from discovery to correct the wrong case proposed retrial, only less than one and a half months.

In the case of the Shanxi Provincial People's Procuratorate review process, not only in law for Hao Jinan to seek justice, but also to give Hao Jinan a concern in life. For the case as soon as possible, hospital leadership has been coordinating with the court as soon as possible, to urge the trial, in order to safeguard the legitimate rights and interests of Hao Jinan, also contacted the Shanxi Jin law firm lawyers Li Wanzhong to provide legal aid to Hao Jinan, Hao Jinan's agent free. In December 18, 2007, Hao Jinan was taken out of the prison, to live in Shanxi Province, nine hospital, on the one hand to accept the inspection treatment, on one hand, waiting for trial. While Hao Jinan is in hospital, the project team has been to the hospital, to give the care, make Hao Jinan very grateful for the Shanxi Provincial People's Procuratorate. In January 10, 2008, the reporter saw Hao Jinan in Shanxi Province in nine hospitals, Hao Jin said with emotion: "from the conscience, the procuratorate to me good, responsibility. Especially small Song (Song Jinmin) and Wang (Wang Fang), the child in the home is so small, run a trip to another trip for me, very grateful to them."

Reflection: the case when no repeat

In jail for ten years, finally redress, legal eventually gave Hao Jinan a fair, also a Hao Jinan. At present, the Hao Jinan case is still under further processing, Hao Jinan is expected to be the national compensation. All of these, let us in this cold winter felt a little warmer. But, for Hao Jinan, the valuable time of ten years gone, a decision to erase their physical and psychological trauma. As the saying goes "justice delayed is justice denied". Rational thinking on the Hao Jinan case, worthy of our reflection too much, we should be aware of too much.

Reflection: when one of the suspected as innocent and presumption of legal concept to win support among the people. Presumable innocence and the principle of presumption of innocence, is one of the basic principles of the rule of law in the protection of human rights, but also a symbol of China's democracy and the rule of law progress. The criminal procedure law clearly stipulates: the lack of evidence, not the defendant is guilty, should make the lack of evidence, the crime accused cannot be established the not guilty verdict. This is reflected in the criminal procedure law to carry out the principle of presumption of innocence. But in the Hao Jinan case, this principle has not been observed. In court, prosecutor Song Jinmin Wang Fang in an interview with reporters, said: "from the point of view of the evidence currently available, the original Hao Jinan murder evidence that there is an obvious contradiction. Liu Yinhe had no stab stab, protocol that Hao Jinan used to carry the knife will Liu Yinhe stabbed in the back, and the postmortem examination does not match the scene; no spade and plank exist, this and that there is a contradiction of wood beat Liu Yinhe head; the scar on Liu Yinhe's neck and judge Hao Jinan hand card Liu Yinhe neck caused by scars are not consistent. At the outset, is in not form a complete evidence chain case, simply that Hao Jinan killed Liu Yinhe." Why did this happen? China University of Political Science and Law criminal law expert Professor Hong Daode said: "this and our country's judicial enforcement personnel concepts do not change, everything is still focused on the presumption of guilt. Presumable innocence, presumption of innocence concept has not really set up." Because the presumption of guilty thinking inertia at work, plus "homicide cases must be broken" pressure, led directly to the investigation the wrong entity, fundamental.

On two: when the judicial supervision principles can be truly implemented. According to Chinese law, public security, prosecution, courts should be responsible for the division of labor, mutual cooperation, mutual restraint in the criminal procedure, to ensure the correct implementation of the law, to ensure the realization of fairness and justice. However, in the Hao Jinan case, the supervision mechanism of judicial did not truly implemented. Hao Jinan's lawyer, deputy director of Shanxi Jin law firm Li Wanzhong said: "in the Hao Jinan case, the public security organ First impressions are strongest, one-sided evidence, investigation work is not solid; the prosecution in the prosecution of a review of the evidence is not strict; judicial trial, review is not strictly 'criminal facts are clear, the legal standard of proof is fully' the evidence, judgment conclusion cannot be beyond reasonable doubt. The judicial organs with heavy, light control, make this miscarriage in the proceedings with a free, is also an important cause of Hao Jinan case."

Reflection of the three: the protection function of the law when we can really play. In a people-oriented country under the rule of law, law on crime, and guarantee of human rights, "the law is a kind of the Charter, is the Great Charter of crime". However, in the Hao Jinan case, the law embodies to Hao Jinan, cold blow, protection and no warmth. Ten years ago, in the investigation and trial, Hao Jinan insisted that he had not robbery homicide, and has repeatedly proposed the pants, shoes are Yang Xiaoguo, Yang Xiaoguo and Niu Jin he the case. In the final statement, Hao Jinan also proposed "Yang Xiaoguo this person should also be further examination of the case, hope find out", but did not cause the judicial organ's attention; in the two trial, the first trial lawyer Hao Jinan Wang Zhuijun accused Hao Jinan of murder evidence in view of the existing problems in the published a plea of not guilty, clearly put forward "the defendant killed Liu Yinhe facts unclear, insufficient evidence, the release of Hao Jinan should be court", also did not cause the judicial organ's attention; Hao Jinan jail, wrote more than 100 letters of complaint, also did not arouse the attention of the relevant departments, make Hao Jinan lost a clear chance at. Therefore, in the Hao Jinan case, the error correction mechanism is not perfect, prison places complaint channel is not smooth, but also lead to Hao Jin An litigation rights can not be guaranteed, misjudged case not long-term important reason to correct.

Hundreds of years ago, Bacon once said: "an unjust judgments than other moves many unjust harm especially, because those unjust action but is dirty water, and unfair judgments put water corrupted." Today, when we are faced with the Hao Jinan case, feel the weight of this sentence. The law, as the last line of defense to maintain social fairness and justice, its credibility if destroyed, and who can protect our security? The law, its fate is in the hands of the legal practitioners, let all people engaged in legal, careful hands power! Zhou YuewuWang Yijie.

•   Http://blog.sina.com.cn/s/blog_4c572925010088aw.html#
  Deep study of Xu Ting Case
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  2008-01-27
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  One, the Xu Ting case
  Early in 1, the case
  In April 21, 2006, Xu Ting holds their balance of 170 yuan of bank card, 171 money 175000 yuan in Guangzhou commercial bank ATM. The detailed process is as follows: Xu Ting wanted to withdraw 100 yuan, but I mistakenly pressed for cash 1000 yuan. Who knows, the ATM machine was indeed as expected output 1000 yuan. Xu Ting was surprised to find, withholding his bank card, but only one element. So many continue to operate ATM machine, cash one thousand yuan again, ATM and output one thousand yuan, deduction is only one element. Xu Ting continue, until removed sixty thousand yuan. All pocket Xu was filled with RMB, he came back to the dormitory. His roommates was very surprised. Xu in the accompaniment, once again came to the ATM machine withdrawals, get one hundred and ten thousand yuan. A total of two times to withdraw 175000 yuan. So the ten thousand yuan to accompany his workmate. The reality made Xu Ting uneasy, at noon on April 24, 2006, Xu Ting fled to Guangzhou to return home, began nearly a year on the run, during which he was active and the Bank Union Bank says, in any case will be investigated for criminal responsibility. In 2007 May, Ting Xu was arrested in Shaanxi. In November 6, 2007, the Guangzhou City Intermediate People's court started trial cases. At the beginning of 2007 12, Xu Ting trial was sentenced to life imprisonment. At the beginning of 2008 1, the case into the procedure of second instance, January 16, 2008, Guangdong Province high court sentenced Xu Ting case back to the trial.
  The bank lost 174985 yuan by the ATM machine manufacturers full compensation.
  At present, in 2 cases
  Part of the mainstream legal professionals and ordinary people, that Xu Ting innocent, may be wrong, their legal defense, network support form for the Xu Ting pleaded not guilty. Mainstream law circles and a few ordinary people, that Xu Ting guilty, but, what kind of crime is not clear, is to search for. They think: the case on the crime and non crime, does not have the value to discuss. No matter how delusional minority control public opinion, to the trial of pressure, adhere to the legal workers of fairness and justice, are of no significance. Xu Ting guilty, belongs to the occupation of public or private property crime in a, this is definitely, consensus. We will explore the present, but he made the crime of embezzlement of public or private property is what, in which case, how to sentencing.
  Two, "from quantitative change to qualitative change" does not apply to non discrimination and crime
  At present, regardless of the mainstream law circles understanding, or the law to reflect, that our country in the crime and crime identification application from quantitative change to qualitative change theory. Some netizens posting said: the defendant's behavior from quantitative change to qualitative change, from the moral issues of the development of the criminal. This is our country for many years in the practical application of a fundamental error. Why go to the current social situation, corrupt disaster caused by flooding water, and this is closely related to fundamental error. Some experts, scholars holding tightly to this error does not let go, this theory is still deteriorating social organism. "A theory from quantitative change to qualitative change" is academic, but any theory has its own application domain, not placed everywhere. In distinguish wrong and crime, absolutely not available "from the quantitative change to qualitative change" theory, this place became arch-criminal evil. Some experts, scholars of our (dominant) concept is, mistakes can be forgiven, when the error reaches a certain degree it has undergone a qualitative change, big mistake becomes a sin. Such as the hottest topic "greed", they dare to set the starting point of punishment, such as: official corruption in law 5000 yuan punishment, crime of corruption is not small, but wrong, usually say to say more is discipline problems, corruption to a certain value, from quantitative change to qualitative change, wrong becomes a sin. In fact, the penalty value is how much has no matter, as long as the intermediate limit value, the idea has produced a big mistake, the actual size value may not be affected by the method of definite value in the limit, where there are 20000, 50000, 80000, or even higher price of greedy and non greedy the definition of value. There is usually a principle, 95% is a good officer, is about 5% of corrupt officials, for example, 95% officials for below 200000, then, the starting point of punishment can only be set to 200000 yuan, also just 199000 yuan is not corrupt, is a good officer, ultra 200000 yuan is corrupt, so, naturally became the most is the corrupt reality, people speak the official is corrupt should be justified. Have the same idea to civilians, make the mistake is not a sin, wrong mostly a degree or make mistakes at times, from quantitative change to qualitative change, wrong becomes a sin.
  The idea is correct:
  The crime with the non crime, is to distinguish between the nature of the act, but not in the monetary value or the number of times to decide. If the corruption crime, defines the extreme limit of crime, corruption is a crime of corruption, corrupt officials a penny is a sin, no one dare to doubt this, values and crimes are closely related. On the contrary, the value is again big, even hundreds of millions, billions, as long as there are no crime elements, is wrong and innocence. Regarding the case of Xu Ting, some scholars, judges think: if Xu in only once, so innocent, then click is sin. That is the crime concept is, maybe the improper profit motive, it is sin. In fact, the so-called received improper benefits motivation how to define? Discussion when boundaries, now the motivation is to talk about the problem in the legal level, in this sense, the judge believes that "Xu Ting the improper profit motive" is wrong, from the rules of speaking, Xu Ting into currency accounts, is to transfer ownership of the currency to Xu Ting, Xu Ting the right to use all the money for his own account, to ownership is transferred me to the wrong is another matter, if wrong, Xu Ting can take ownership of the currency is returned to the original owner, however, did not return before the title, Xu Tingqu many times have not identified Xu was not when the profit motive, Xu Ting not the motive for the crime. The three elements of crime of "behavior" to neglect, crime must have violated spatial factors, Xu Ting in absolute space action of their own, the crime must be very behavior, Xu Ting fully in accordance with the provisions of operation method, Xu Ting no crime, behavior. Xu Ting no crime, no crime, behavior, and certainly not without crime, the consequences, innocent? Error source is "from quantitative change to qualitative change", he once, two times, three times...... One hundred and seventy-one, natural becomes a towering crimes -- life imprisonment, deprived of political rights for life. Analysis of this event in the normal idea, the first time he found a balance, no matter how many, did not reflect the situation, and put the money with oneself, has formed a wrong, and not a crime. Second times, third times, N times, the same behavior, is also wrong, and non crime. Wrong is wrong, wrong, wrong and not as much on into crime.

  Three, on the understanding of the financial institutions and the stolen
  What is state property? State property is a general term for personal property and the national public property, personal property is the main body, public property is a subsidiary body, the national public property contains a part of every citizen's property, no private property may not be the state property. Affiliated labor attribute of public property is mainly reflected the currency. National public property of service for all citizens, the protection of personal property. The state function is to protect private property rather than eliminating private property, public instead of private ownership is a very wrong theory, is against human nature theory. The state of the financial institution is the combination of all personal property, personal property is part of national financial institutions, not personal property has no national financial institutions, each customer rights is in his account in accordance with the provisions of the operation, the same is also included for each kind of reward right. In their own space in accordance with the provisions of the operation access currency not possible violations, it is not possible to sinful existence.
  About the theft of the financial institutions crime into three paragraphs, since stealing, stealing and stealing neighbor. Since stealing is a member of the system, adopt very means, get the currency in their control of space, but no deduction records or have less deduction records. O steal is a member of the system, adopt very means, to obtain money in other non their control of space. Outer thief is non members in this system, adopt very means, to obtain money. Xu Ting is apparently does not belong to adjacent to steal and steal. Possible only since stealing, however, Xu Ting no extraordinary measures, according to the normal mode of operation for withdrawals, so, also may not be since stealing. A little less record nor Xu Ting was forced behavior, initiative and fails to notify the householder, Xu Ting without responsibility. The most appropriate bank behavior explanation is a hidden bonus, not necessary to let outsiders know, is in the life of "color".
  Four, judges and lawyers
  Judges, lawyers for the students, just graduated, some of the judges, the lawyers have to do. Because books, the teacher is wrong, so the fundamental error exists in common, they will certainly create misjudged case. For the eight lawyers Xu Ting defense, a denial of the traditional, also insist on the original idea. They also stultify oneself, one to plead innocent to Xu Ting, Ting Xu added that innocence; while "ATM" is an accomplice, advocate the Xu Ting guilty. The work of their innocence seems to debate a argument only, did not have the confidence to Xu Ting was acquitted, their main aim at how to Xu Ting commutation, for example, to amend the relevant laws, suggests that Xu Ting sentenced results. Extraction Rules Amendment is normal, but can not be put together with the case. The plaintiff certainly hold Xu guilty, the judge is neutral, but they adhere to the traditional concept that Xu Ting, guilty, although the law does not expressly provided for Xu Ting behavior guilty, if the lawyer is slightly down, will be sentenced guilty of Xu Ting, there will be the judges and lawyers common manufacturing wrong facts.
  Experts, scholars, judges, lawyers, most of the sentence, is still around, in fact, change idea, the fact is that Xu Ting's innocence, does not exist the problem.
  Five, legal philosophy
  The concept of event processing is normal:
  Besides the explicit case recognized, first between legal persons are independent in accordance with the law, no fruit, the civil division, civil division is unable to handle, and then to the criminal court in criminal process.
  The judge neutral, in the final closing before, has always been to maintain the original state as the principle, neither can be considered the plaintiff guilty, nor that the defendant is guilty, if First impressions are strongest, that the plaintiff accused of crimes in the frame or the defendant has, will increase the error probability. Xu Ting case has clearly reflected, the judge has the first defendant guilty suspicion. The "civil" as "criminal" is the key to the event location. They are determined to put Ting Xu found sinners, but, how they set is not set the criminal facts, had a tremendous effort, or not set, not on the hard decision. This is the emergence of the so-called research value of the case, the case, difficult. Where is the difficulty? Where is the difficulty? The difficulty lies in their determination to Xu Ting convicted sinners, but how to implement is to violate the law, justice, to make every attempt to come up with a crime, must not violate the law, justice, it is very difficult really. This is used for the past thousands of years old, sad consciousness as early as the end of.
  The essence and the responsibility, the six events
  In fact, the Xu Ting case is in the life of the common thing, banks give money the Xu Ting, Ting Xu received. Both sides make clear is how things, is the money? The money or not? If the negotiation is good, not necessarily by the court. In case no settlement is reached through a civil court.
  The facts are clear, accurate and precise figures, accounts, the usual dispute.
  Is such a simple chores, even they had become a national and even the world.
  The other is, and Xu guilt free, I think it is a winning event, who have not yet out of not winning reason.
  This event is not a judge or other people's fault, is the society's fault. Don't be a whole consciousness, judges, lawyers in the theory and practice have been learned, idea is wrong, punish sb counterintuitive, but the idea must be changed and improved.
  Progress is to correct the error, is everyone's progress, the Republic is progress, is the nation's progress.