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The Legslation About The Crime Of Breach Of Trust

Posted on:2010-11-06Degree:MasterType:Thesis
Country:ChinaCandidate:L ZhengFull Text:PDF
GTID:2166360278477411Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Crime of beach of trust is about a person who deals with others'affairs breaches the faithful and honest obligation, damages the trustee's property or property benefit, in large sum or seriously.There are many breaching trust behaviors in the civil and commercial domain; they hinder Chinese economic from healthy and stable developing, while we need a faithful and honest environment during the progress of market oriented economy. That's why criminal law should protect the credit under the market oriented economy environment. Adding the crime of breach of trust to the criminal law is one of the strong means to protect the trust.To study the legislation about the crime of breach of trust, from the angle of theory, is mainly for well announcing its concept, characteristic and constitution, void it as the centre, carry out the study in the area of establishing and perfecting the crime and from the angle of practice, to study the crime is mainly for guiding the actives such as legislation and judicature, by studying the cases we meet in the practice, we can also at the other hand modify and perfect the new theory; while from the angle of legislation, it is mainly for legislating against the crime scientifically and correctly; from the angle of judicature, study the crime of breach of trust can provide our judge specific direction of administration of justice. The character of the law articles is brief and concise. To the common people, by learning the law theory, they can well understand the legislation background and the value between the lines of articles; they can right forecast their conduct, evaluate others'behaviors and protect their own legal benefit.In the case of the Crime of beach of trust, the main is special, the subjective is intention; the object is Property rights and Property interests. It is not included the Purpose which beyond the subjective of Crime of beach of trust.It is different from Crime of beach of trust and Crime of Embezzlement, Crime of beach of trust and Crime of Fraud. While Crime of beach of trust is established, some charges of special crime of beach of trust will be deleted, and some will be reservation. Criminal responsibility of Crime of beach of trust has three levels. The first is the prison under 3 years, or detention,fine alone or together with other penalty. The second is the prison with the fine from 3 years to 7 years. The third is the prison with the fine from 7 years to 10 years.
Keywords/Search Tags:crime of breach of trust, constitutive elements of a crime, criminal responsibility
PDF Full Text Request
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