许霆案再思考——从法律解释的视角

Rethinking on Case of Xu Ting:From Perspective of Legal Interpretation

许霆的行为完全符合秘密窃取的条件,构成盗窃金融机构,从严格遵守法律规则的角度出发,一审判处无期徒刑并无不当。在通过目的解释来软化法条的作法并不能达到理想的目的、穷尽各种解释方法也难以取得个案公正的情况下,期待可能性理论能起到补救的作用。

What Xu Ting did is fully meet with the conditions of secret theft. It is fully consistent with the provisions of the Criminal Law to sentence Xu Ting theft. Xu Ting＇ s conduct constituted theft of financial institutions. From the perspective of strict enforcement of law, it is not improper that Court of First Instance sentenced Xu Ting to life imprisonment. The purpose of softening the practice of law cannot achieve by the implement. On the condition that justice cannot be achieved after that all explanation is exhaustive, and the theory named after possibility of expect can play a role.