Discuss On The Breach Of Trust And The Sitting In Criminal Law

With the economic development of our country, the increasing specialization of social division and the establishment of modern corporation organization with the separation of ownership and management, the trust obligation become the essential part for the prosperity of the market. The trust breach behaviors which infringe the property right and break the healthy development of the market occur frequently. If the behavior breaches the trusted obligation which seriously infringe the property interests of the trustor upon abusing the authority by the trustee enters into the space that governed by the criminal law, it is the criminal breach of trust. Breach of trust is a common accusation in the continental law countries such as German and Japan, however, the current criminal law of our country exists some deficiency and insufficient. German and Japan are the two countries which own the most theories and legislative experience of criminal breach of trust, therefore, the legislation and studies research of breach of trust in these two countries could contribute to our correct understanding the connotation, exploring the essence of this criminal behavior and recognizing the deficiency and insufficient upon comparing the similarities and differences of the criminal breach of trust between our country and German and Japan. Aforementioned measures is of great importance in enhancing the theoretical level in studying the criminal breach of trust and improvement the legislation.The purpose of this paper is to conclude the flaw of the criminal breach of trust and come up with some reasonable advices upon the analyzing the constitutive requirement of the criminal breach of trust in our country and comparison the relevant provisions between our country and German and Japan in order to benefit theoretical research and practical operation.The main body is divided into four parts. Part one is on the concept and nature of breach of trust. This part primarily introduces the basic concepts and connotation of breach of trust, and explains entirely the history of this crime on the basis of the foregoing.The second part is the key point of the paper. Studying on typical criminal breach of trust behavior. Firstly introduce and analyze all the understanding and concepts of the behavior, then clarify the core elements on this foundation; next summarize the characteristic of the criminal breach of trust behavior, define the important and basic concept such as “deal with affairs for others” and “honest and trust”.Part three is the state of the breach trust crime legislation of our country. Combine the identification standard of the breach trust behavior, summarize the criminal law of our country exists some charge with the trait of the trust behavior, then state systematically the characteristic of the special breach of trust in our country. And then points out the problems of no system, passive and lag nature of criminal breach of trust and too much protection on the state property.Part Four is on the construction of the legislation system of the macro-and micro-balance of breach of trust and that means to set the common breach of trust in the criminal law and improve the special criminal breach of trust. the common breach of trust, coordinating the relationship with the special breach of trust in punishment, should be established, on the premise that the abstract of legislation. There are some problems of the special crimes of breach of trust, on the other hands, for the setting of the common breach of trust, the legistor shall keep the relative reasonable frame of punishment while considering the special breach of trust.