几年前发生的“许霆案”引起学界及普通民众的普遍关注。许霆窃取ATM机的行为是否构成盗窃罪、对其量刑是否公正合理以及民意在整个案件审判过程中所起的作用,成为本案的焦点。根据罪刑法定原则,许霆的行为构成盗窃罪。但依据罪刑相适应原则,对其量刑又过重。文章通过对“许霆案”若干问题的深层刻析,对刑法三大基本原则在司法实践中的贯彻进行检讨。 A few years ago, “Xu Ting case” caused widespread concern in academia and the general public. Whether Xu Ting’s stealing of the ATM machine constitutes a crime of theft or not, whether the sentencing is fair and reasonable and the role of public opinion in the trial of the whole case has become the focus of this case. According to the principle of legality, Xu Ting’s behavior constitutes theft. However, according to the principles of crime and punishment, their sentencing is overweight. Through deep analysis of several issues of “Xu Ting”, the article reviews the implementation of the three basic principles of criminal law in judicial practice.