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Research On The Crime Of Breach Of Trust

Posted on:2011-11-04Degree:MasterType:Thesis
Country:ChinaCandidate:D Z XingFull Text:PDF
GTID:2166360305981246Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
This is a study of criminal breach of trust in Chinese criminal law master's degree thesis paper is divided into three parts, the outline is as follows:Part I: Introduction. Main elements of the problem and breach of the legislative history of criminal investigation, criminal law in Germany and Japan, and the German-Japanese criminal breach of trust breach of trust in the similarities and differences. Among them, "the legislative history of criminal breach of trust investigation" section, the first day of the legislative provisions investigation Shide, elegant before the founding of New China, the existence of breach of trust to study the provisions of the Criminal Code of China's Hong Kong, Macao and Taiwan regions, thus the crime of breach of trust of our present criminal law to examine the situation ; "Germany and Japan in the Criminal Code the crime of breach of trust" section, mainly to Japan, Germany, breach of trust to make a comb, from the nature of the crime of breach of trust are analyzed, said abuse of authority, breach of trust breach of trust, said the debate and the establishment of conditions for analysis of Germany criminal law crime of breach of trust on the differences.Part II: China's criminal law criminal breach of trust. First introduced the crime of breach of trust damages the interests of listed companies, research papers that the crime of breach of trust damages the interests of listed companies, the first, second paragraph provides for two different types of behavior: general type and an accomplice-type, both because of the different subjects to establish a crime conditions vary and should be devoted, respectively, in the crime, this crime constitutes a common type and accomplices on the sub-type are expounded; final papers in the administration of justice in the charges on the difficulties of the theory and practice are discussed. Second, note the use of fiduciary breach of trust and property crimes, the crime from the law, the concept of starting the focus of its inquiry that constitute a crime, to how it should be understood, "use" has the meaning discussed in detail and finally finds that this crime must be a clear description of the boundaries and attention. The final analysis, This section based on our current criminal law, to re-examine our system of criminal charges, criminal system, criminal breach of trust to tease out the meaning consistent with the charge of similar business are illegal, illegal for profit for the relatives and friends, and fraudulent practices to Convert the sale of the Assets, the financial staff to exchange real currency counterfeiting crimes, crime of illegal use of funds, tax evasion (when the subject is withholding agent) and six other charges, which focuses on family and friends of illicit profit for the crime of illegal business operations similar Business Crime, favoritism to Convert Assets at explaining to do, explain why the charges are criminal breach of trust, criminal breach of trust that these charges with the links.Part III: Crime Legislation of breach of trust. First set out the legislative omission, mainly through the papers listed in the overall analysis of the similarities and differences between the above-mentioned charges, especially for the analysis of common crime, combined with various offenses at the punishment and penalties object type, magnitude on the similarities and differences that exist in China's Criminal Law problems. Then, for these problems, the paper presents legislative proposals to improve the criminal breach of trust, above all, kind of perfect sentences, one sentence sound qualifications, and second, the unity of property, torture, papers propose to introduce "against practitioner" status, punishment, and thereby, and China's " Company Law "and some other civil and commercial legal coordination to form a complete and unified legal system; followed by the main body of the perfect crime, for natural persons and units of the main subject of papers from the fight against crime and maintaining market order point of view advocated expanding the scope of punishment from the penalties natural subject-oriented to try to punish individuals and units in the main forms of punishment.Paper is based on China's current criminal law, from the German perspective on the crime of criminal breach of trust start to China's criminal law system to re-charge made a comb, from the position of criminal breach of trust charge of our country look for problems in China's Criminal Law made the point an effective solution.
Keywords/Search Tags:Criminal breach of trust, The crime of breach of trust damages the interests of listed companies, The use of fiduciary property crime breach of trust, Legislative Improvement
PDF Full Text Request
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