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Study On Some Problems Of The Crime Of Breach Of Trust To Damage The Interests Of Listed Companies

Posted on:2012-09-28Degree:MasterType:Thesis
Country:ChinaCandidate:L YangFull Text:PDF
GTID:2216330332996684Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The crime of breach of trust to damage the interests of listed companies is a new crime stipulated in the Amendment 6to Criminal Law passed in 2006. This crime is less to be used to convict in judicial practice in the past 5 years. Such phenomena not only because of the lag of judicial and theoretic research on crime in our country, but also because of the crime is a white-collar crime which is hard to be confirmed by the State Prosecutor for most of the crime evidence are controlled by the criminal. Analyzes the crime from entity to procedures is aim to deal with part of the problem that exist in judicial practice and help to criminal justice.This thesis consists of four parts.The first part is overview of the crime of breach of trust to damage the interests of listed companies. It's focuses on illustrating the legislative background, the relationship between the crime of breach of trust to damage the interests of listed companies and the criminal breach of trust and the practice status about this crime. The reasons which lead to the practice status will be analyzed.The second part is detailed analyzes the element characteristic of the crime, which is include subject element,subjective element,object element,objective element. Objective element is key part among of them. The way of act is illustrating in details with examples in the law.The third part is study on the problem of the application of the crime of breach of trust to damage the interests of listed companies. When judge a criminal behavior whether if can be convicted as the crime of breach of trust to damage the interests of listed companies, if offenders should undertake the duty of loyalty, joint offence,the victim commitment and distinguish and cross between this crime from others. This part is one of the most important part of the thesis which is devoted to much effort. Although above issues I mentioned in this part had been referred in existing research achievement, but most of them are study from the element characteristic point of view. The author choose part of the application problems of the crime to deeply research, and hope this study help to the theoretic research of the crime.The fourth part is the distribution of the burden of proof in the crime of breach of trust to damage the interests of listed companies. It's elaborates the burden of the proof what the litigation subject should be undertaken in the crime, otherwise, the adverse consequence will be assumed by the party who don't fulfill burden of proof. With the concrete case Only has the burden of proof in criminal litigation of the crime of breach of trust to damage the interests of listed companies been distribution properly, the prosecution of the accusing party can be guided well, and the legitimate interests of the accused party well be protected in a better way.
Keywords/Search Tags:the crime of breach of trust to damage the interests of listed companies, constitutive requirements, the distribution of burden of proof
PDF Full Text Request
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