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Research on the Crime of Breach of Trust

Author: TangShuXing
Tutor: DiHaiFeng
School: Hebei University of Economics
Course: Criminal Law
Keywords: Breach of Trust Infidelity Abuse of authority Criminal responsibility Legislative Conception
CLC: D914
Type: Master's thesis
Year: 2011
Downloads: 35
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Abstract

Breach of trust for others to deal with the affairs of the people, and breach of the duty of loyalty, the loss of the client's property or property interests are, resulting in a large amount or serious behavior. For now, the research in our legislation Breach of Trust, and has a certain era necessity, this necessity is mainly reflected in the unprecedented prosperity of civil and commercial behavior and of the Civil and Commercial lack of regulation of the breach of trust . Since 1978, China adopted the reform and opening up policy, and gradually establish a market economic system, the increasing number of civil and commercial matters activities. Well-known role in the development of the operation of the market economy, freedom and integrity is extremely important. Therefore, the healthy development of the market economy, the people on the \With this value proposition, naturally there will be some of the behavior does not meet this standard of value, and thus violate the law, the law of regulation. This violation of the value of the \Of the Civil and Commercial Infidelity existing social performance beyond their grasp, which is mainly reflected in the following aspects. First, the the Infidelity areas of civil and commercial activities is particularly extensive. Overall, mainly exists in the general field of civil agency and commercial matters in the directors, supervisors and senior management personnel of the company, its shareholders, diligence and fiduciary duty. Second, our existing laws alone now Infidelity can not be a very good regulation. As China's existing laws can only go up from the civil liability investigated for breach of trust, so it is a little powerless; and many omissions and shortcomings of our law allows public authority intervention turned serious danger to society Infidelity no laws. Once again, the dangers of Infidelity in civil and commercial matters often great. Through all the cases of breach of trust that, in civil and commercial activities now, the amount and frequency of the flow of funds are constantly increasing, therefore, the loss caused to the victims of perfidy also will be increasing. Makes the probability of occurrence of Infidelity drivers of this interest is also growing. These perfidy difficult to obtain because of the problems above, the effective regulation. So we need to perfect the existing legal research to explore the establishment of a new offense. Perfidy Crime, China is also focused on the issue of whether there is need to establish. Compared to the West, our theoretical discussion on this issue is still relatively shallow. Legislative points of China's criminal law does not require ordinary breach of trust, but the provisions of special breach of trust charges on most did not use the word \But with breach of trust to harm the interests of listed companies the crime as well as breach of trust to the use of the of entrusted property crime in the establishment of China's Criminal Law, the \charges more reasonable and more scientific in the Legislative. Although our legislation related charges of breach of trust has been gradually reflected in the theory and judicial practice convergence can not continue to pose the biggest challenge facing China's breach of trust during the study. So far, the of our 刑法理论界 Breach of Trust still remains bogged down in whether there is a need to set up a separate controversy, but few studies carried out abroad, Breach of Trust profound explore foreign theory respect Research on fewer cares. Therefore, to explore the theory of Breach of Trust, is still very far-reaching significance. This article is starting from the actual situation in China, and learn and learn from foreign legislative, to carry out to make up for the loopholes in the Criminal Law to protect, and improve the point of view of criminal legislation discussed. This article is divided into three parts: The first part, Breach of Trust Overview. This section provides a brief discussion of the concept of breach of trust and breach of trust essential doctrine, a brief analysis and the elements of the crime of breach of trust, to provide a theoretical basis for the establishment of Breach of Trust. The second part, domestic and international the perfidy crime legislation expedition. This part introduces the civil law countries, common law countries as well as China's Hong Kong, Macao and Taiwan regions, Breach of Trust legislation, to make a correlation analysis and the legislative status quo of China's Breach of Trust and prospects. The third part, the need for additional breach of trust in China and Legislation. This part of China's market economy status quo discusses the need for the establishment of a separate breach of trust, and related legislation idea to provide some suggestions for our future penal system is perfect.

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