Reseach On Improvement Of Protecting Faith By Criminal Law

The flood of dishonest acts has a great impact to the political, economic and socialatmosphere in China. Government has been striving to establish faith systems by other laws,at the same time, should strengthen the protection of Criminal Law on faith, to make it to playthe role of guarantee law. Nevertheless, because of no enough attention to faith in criminallaw, as well as the complexity of faith criminal object, the concept of faith crime is not clearand faith system in Criminal Law is not consummate. This paper based on the clarifiedconcept of faith and rational principle of criminal legislation, classifies the existing faithcrimes, and presents some proposals for improvement.This paper includes4parts.The first part is the intension of faith. Faith is the evaluation and trust to one’s ability andwillingness to perform its own obligations, which based on the moral character of honest andnon-deception. Faith has dual natures of personal and property, with a growing tendency fromthe former to the latter. Faith can be divided into personal faith and public faith in the contextof Criminal Law. Personal faith is built up by individuals, so that others and social could trustits ability and willingness to performance its own obligations with integrity; public faith refersto the trust and evaluation from social members to public institutionalized forms of proof orproof mark (such as seals, documents, money, instruments).The second part is rational principle of criminal legislation. In the legislation stage,rational principle is mainly reflected as the edge of criminal acts and the reasonable allocationof criminal penalties. This means it should be ensured that the to-be-crime-act must be provedwith serious harm to society, which other laws fails to regulate. In China, dishonest acts havecaused serious harm to the economic, social trust, public authority trust. In spite of faithsystems established by other laws, serious dishonest acts haven’t got enough regulated, whichneeds the intervention of Criminal Law.The third part is analyzing the protection of faith by criminal law, in the view of rationalprinciple of criminal legislation. The existing faith crime can be divided into five types:faith-infringement, trust-breach, fabricating, counterfeiting, fraud. lack of provisions oncommon trust-breach crime for personal faith, and distribution of legislation for public faith show that Criminal Law in China protects faith inadequately.The final part is improvement of protecting faith by Criminal Law. Faith crime refers toacts with serious social harm and shall be punished by Criminal law, which violate theprinciple of honest and destroy the faith system. Object of the crime is faith system. Subject isindividuals and unites except the state. Subjective element mainly is intention, negligence isthe exception. Objective element is not performing its obligations, including the acts andomissions. To improve the legislation of faith crime, trust-breach crime should be added forpersonal faith, and public faith crime should be central legislated. In formulating punishment,death sentence should be abolished according to the nature of non-violent in faith crimes,together with add qualification punishment to prevent subjects to commit faith crime again.