Perfect The Breach Of Trust Crime In Chinese Criminal Law

Since the reform and opening up, China has gradually established a market economic system, civil and commercial matters ever-increasing activities in the economic system during the transition, China’s economy on the one hand the high-speed development, on the other hand there have been some new violation of the public and private property rights and interestscrime and undermine the development of market economy, breach of trust crime is more clear-cut example. The most important thing is honesty in market economic activities, the existence of a large civil commercial matters Infidelity, to the healthy development of China’s market economy has brought many unfavorable to the development of China’s market economy needs the integrity of the environment. Therefore, the criminal law shall be a breach of trust crime and effective regulatory system.Breach of trust for others, the transaction of business, breach of duty of loyalty to the client’s property or property interests subject to loss, a relatively large amount or the circumstances are serious criminal acts. Breach of trust originated in the German criminal law, from the beginning, only the terms of the regulation of specific personnel Infidelity development to today’s ordinary breach of trust. Japan is modeled on the German legislation, directly in its Penal Code in separate ordinary breach of trust. In contrast, domestic scholars for the basic concepts of breach of trust but there are still some misunderstanding, it should correctly grasp the basic concepts of breach of trust. Germany and Japan for ordinary breach of trust, sound doctrine and legislative experience, should be the essence of the doctrine of ordinary breach of trust in Germany and Japan and in-depth study of the elements to accurately grasp the theory of Breach of Trust in order to correctly understand the nature of the breach of trust its connotation, in order to improve the research level of China’s breach of trust theory of crime. China currently has four special breach of trust, for the crime of such special breach of trust, should be starting from the practical point of view, analysis of the crime constitutes a judicial use, thereby further improve on the crime.At present, China is to set a special breach of trust breach of trust crime regulation, such a legislative model has some limitations. Therefore, there is need for an additional ordinary breach of trust, while the four existing special breach of trust, there is still need for the existence of, and can be improved, so that ordinary breach of trust after the additional four existing special breach of trust to form a complete perfidy Crime in the legislative system, in order to more effectively market economic system of regulation under the perfidy crime.