Font Size: a A A

Research On The Crime Of Breach Of Trust

Posted on:2012-04-03Degree:MasterType:Thesis
Country:ChinaCandidate:S X TangFull Text:PDF
GTID:2166330338950367Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Offences of Breach of Trust refers to a kind of crimes that people who handle affairs of others, violate the duty of loyalty, and make the property or other losses to the interests with large amount, or seriously. The legislation of trust is necessary for this era. And this necessity is mainly embodied in the following two aspects:the unprecedented prosperity and civil behavior of civil and commercial law in the back for the regulation of commercial helps. Since 1978, China began to reform and open up. Market economy has been growing with more and more commercial activities. As we all know, freedom and integrity definitely important in market economy. So, for the well-developed market economy, people have to make the "honesty" value as an orientation, which should be protected through legislation. However there are some behaviors do not accord with standard of value, with breaking the law, and should be regulated. These behaviors which do against the value of "honesty" in market economy are called breach of trust.However, the current social commercial law is insufficient to solve these behaviors, and it is mainly embodied in the following respects. First, these behaviors can be found in most of the commercial area. Generally speaking, commercial back helps is mainly exists in general civil agent, the behaviors of the commercial directors, supervisors and senior managers. These behaviors refer to the diligence and faithful obligations to their company and shareholders. Second, our country's existing laws are not good enough for regulation of back helps. And in the existing laws of our country, there are many shortages. And the public authorities cannot find related laws when they faced with some cases of breach of trust which do harm to the society seriously. Again, behaviors of breach of trust are terribly harmful. According to the social cases of breach of trust, we can find that in civil and commercial area, because of more and more flowing capital which is increase frequently, there are more and more victims of breach of trust. Well, today, these problems are hard to get effective regulation. Then we need to perfect the current laws to set up new charge.At present, the main research in bad faith crime in trust is whether it is necessary to establish offences of breach of trust. Compared with the west, the discusses in theory are superficial. In our criminal law in legislation, there are not ordinary trust cases, but a lot of special provisions, are not using "trust" as part of the charges. It means our legislation more scientific, and reflects more characteristics of crime in breach of trust. But with the establishment of the crime of breach of trust which damages the interests of listed companies as well as the use of entrusted property crime breach of trust in our criminal law, the word of "breach of trust" appears for the first time in our system of criminal charges. This behavior indicates that China's breach of trust behaviors charges more reasonable in terms of legislation and more science. Although the legislation of the relevant charges for breach of trust has been gradually reflected, the theory and judicial practice, still can not be well constituted during the study of the breach of trust, which is the biggest problem. So far, in China, the criminal theory still remains debating in whether it is necessary to establish the law of Breach of Trust, and unable to extricate themselves. But little attention has been pay on foreign research of Breach of Trust, so as the discussion on the foreign aspects of the theory in China. The study covered a much less someone. Therefore, the crime of breach of trust of the relevant theory is still far-reaching significance.This article is from the actual situation in China, learns and draws on related extra-territorial legislation, benefits for the protection of criminal law to make up for flaws, and improve the perspective of criminal legislation to carry out discourse. This article is divided into three parts:PartⅠ, Overview of breach of trust. This section briefly introduced the concept of breach of trust and breach of trust theory of the nature of the crime, the crime of breach of trust and a brief analysis of elements in order to provide for the establishment of the theoretical basis of breach of trust. PartⅡ, the Crime Investigation breach of trust at home and abroad. This section introduces the civil law countries, common law countries, and Macao region of China on legislation related to breach of trust, and the Crime of breach of trust status and prospects to make correlation analysis. PartⅢ, the necessity of an additional breach of trust and legislation. This section discusses the status of market economy combined with a separate need for the establishment of Breach of Trust, and proposed legislation related to the concept of the future of our country in order to improve the criminal law system to provide some suggestions.
Keywords/Search Tags:offenses of breach, trust behaviors of breach of trust, abuse of authority, criminal responsibility, the legislation idea
PDF Full Text Request
Related items