On The Criminal Breach Of Trust Of Entrusted Property

In present China, the construction of credit system has gradually gone deep into every corner of the social life,especially in economic field. In certain aspect, market economy is the huge social relation network woven by credit relationship,The special operation mode of financial market determines its strong dependence more on credit. In order to ensure the proper function of the financial market and promote the healthy development of the financial industry,In 2006, 《criminal law amendment (six)》 increase the "Breach Trust of entrusted property crime".However, in judicial practice the law is rarely used, it is difficult to effectively respond to financial dishonesty which often occurs in reality。 At the same time, the study on this law is not common too. Therefor it’s essential to comprehend the purpose of legislation by understanding the legislative background of the crime of Breach Trust of entrusted property, carefully analysis the constitutive elements of the crime of Breach Trust of entrusted property, and research foreign similar crimes, in order to propose the improvement measures, fill in some holes of the crime, make sure the law is properly used in practice.The article is divided into five parts:In the introduction, I explore the legislation background the breach trust of entrusted property. Breach Trust of entrusted property crime is the criminal law intensifying on financial supervision. On one hand, the financial industry nature of pursuing profit and risk determines it’s need to have more stringent regulation, in order to be effectively managed. On the other hand,the environment of the legislation also determines it needs timely criminal intervention to curb the more and more intense activity of breach of trust.The first chapter is analysis, based on the analysis and synthesis the nature of breach of trust, the constitute elements Breach Trust of entrusted property.First of all, it analyzed the target of the crime,then analyzes the main obstacles in the determination of this crime as the determination of the fiduciary obligations.Then from the fiduciary duty the content analysis the subject of the crime. The final analysis the subjective aspect of the crime, believe the crime in practice should have the intention, but not the special purpose.The second chapter, after the analysis of Breach Trust of entrusted property crime,it gives an analysis between this crime and other similar crimes. It distinguish and identify as further analysis of constitutive elements of the crime of breach of trust.The third chapter, based on the analysis of foreign related crime legislation and judicial,it draw some inspiration. Perfidy crime and duty crimes are closely linked but there are many differences. In addition to that criminal breach of trust is not a felony, should be considered a lighter penalty.The fourth chapter, firstly, on matter of the nature the crime of breach of trust,agree with the theory of the internal identity trust affairs, thus based on it to analysis of constitutive elements of the crime of Breach Trust of entrusted property. Given the complexity of financial institution constituted system, The client funds or other commission which identified in the scope of this crime should limited to the assets of the trust management.Starting by parse the nature of this crime,the fiduciary duty obligation for investors should be identify as internal agreement with the client.As for criminal subject of this crime,proposed a legislative proposals to add natural person as subject.Regarding the penalty punishment for this crime setting situation,suggest to additional prohibit qualification punishment and multiple fine.