Additional Legislative Proposals Of The Breach Of Trust

This article, about forty thousand words, presents a special approach on the advice of legislation about the crime of breach of trust for a specified crime. The article is composed of introduction, main body, summing-up and bibliography. The introduction part introduces the reason and significance for choosing this topic, the author's intention and the general structure of the article. The main body is divided into five parts.Part one is on the necessity of legislation about the crime of breach of trust. The acts of breach of trust have serious social harm. However, it is a fact that there are only special law but no common law about the legislation of the crime of breach of trust in criminal law, such as crime of dealing in the same kind of business, crime of seeking the commercial profit for relatives and friends. As we all know, for acts that are explicitly defined as criminal acts in law, the offenders shall be convicted and punished in accordance with law; otherwise, they shall not be convicted or punished. So that a lot of acts of breach of trust have serious social harm can not be punished by penal law.Part two is on the essence about the crime of breach of trust. The author thinks that the essence about the crime of breach of trust is the agent disrupting the principal-agent fiduciary relationship, abusing one's power or rights of agent and acting counter to the fiduciary obligation.Part three is on the elements of the constitutions about the crime of breach of trust. The main object of the crime of breach of trust is property violation and the second object of the crime of bre4ach of trust is disrupting the order of the socialist market economy. The objective respect of the crime of breach of trust is abusing one's rights or power of agent and acting counter to one's fiduciary obligation. And these acts are harmful to principal's benefit. The subjective element of the crime of breach of trust is direct intention and the purpose of the crime of breach of trust is for the purpose of benefit for themselves or others. The subject of breach of trust is special subject, including natural person and corporation, who must be agents. The concept of the crime of breach of trust is that any person authorized by law or others' delegationto administer affairs, for purposes of securing illegal benefits for himself or for others or for purposes of causing losses to the principal, abuses his rights or power of agent and acts counter to his fiduciary obligation, thus causing losses to property or other interests of the principal.Part four is on the station about the crime of breach of trust in the specific provisions of criminal law and the relations between the crime of breach of trust and its related crimes. In this part, the author suggests that the crime of breach of trust belongs to crimes of property violation and gives out the difference between the crime of breach of trust and the related crimes, such as crime of dealing in the same kind of business, crime of seeking the commercial profit for relatives and friends, embezzlement, crime of usurpation by taking advantage of duty, crime of corruption, crime of misappropriating public fund, crime of diverting fund crime of misappropriating special money or property, abuse of authority, crime of dereliction.Part five is on the suggestion about the legally prescribed punishment of the crime of breach of trust. The author suggests that the types of punishment of the crime of breach of trust should be fixed-term imprisonment, criminal detention and fines. The death penalty and life imprisonment should not be applied because the crime of breach of trust is not a kind of crime of violence and its social harm is not more serous than crime of theft, forcibly seizing articles, robbery and so on and the degree of punishment shall be commensurate with the crime committed and the criminal responsibility to be borne by the offender.In the end, the facts and legally prescribed punishment about the crime of breach of trust is given: Any person authorized by law or others...