A Study On The Perfection Of Criminal Legislation In China

Breach of Trust refers to others who handle affairs to seek the interests of themselves or a third party, or damage to the interests of the client for the purpose of, and contrary to its mandate to conduct the principal cause damage to property. Breach of Trust is a crime of breaking the honest relationship of trust destruction. Criminal Law of 1979 and 1997 are both no provisions of breach of trust, but some typical common Infidelity in practice are very common. " Criminal Law Amendment(six)" of June 29, 2006 by the addition of two special criminal breach of trust, one is a crime of breach of trust damages the interests of listed companies, and the other is the crime of breach of trust of entrusted property. But compared to the provisions of Germany and Japan, there is no provisions about ordinary Breach of Trust in China’s criminal law. Two additional special criminal breach of trust in the body and behavior than the scope of the provisions of the German-Japanese Breach of Trust was narrower in general Infidelity regulation time, there have been some cases powerless. This paper aims to draw on Germany and Japan from the legislative experience on the basis of breach of trust, breach of trust for our criminal legislation to regulate the behavior of the actual situation of poor, by improving the suggestion of Breach of Trust Crime legislation. I suggest that the addition of an ordinary breach of trust, to be universal regulation for serious Infidelity. Meanwhile, the two existing criminal breach of trust because of the particularity of its regulatory body, in practice, there is still need to exist to form a special law and common law clauses of concurrence relationship with Breach of Trust newly created. For some of the deficiencies of the two special criminal breach of trust in the main range, behavior, and plot the results, there are still put forward the corresponding improvement proposals.