“许霆案”以盗窃罪而终结,但此结果却存在很多值得商榷的地方。对于许霆多取钱的行为应定性为民事责任关系,因为其行为完全具备民事不当得利制度的违法事实特征和违法责任特征。银行是商事主体,与储户之间形成的是平等的民事法律关系。在法治社会中,应坚持“以人为本”的理念,要给普通民众更多的保护,而不是苛以更大的责任。 “Xu Ting case ” ended in theft, but the result there are many debatable. The act of taking more money for Xu Ting should be defined as the relationship of civil liability because the act fully possesses the factual characteristics of illegal unlawful profit-making and the characteristics of the illegal responsibility. Banks are the main commercial entities, and depositors formed between the civil law is equal. In a society ruled by law, the concept of “people-oriented” should be adhered to and more protection should be given to ordinary people than to greater responsibility.