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Research On The Current China’s Criminal Breach Of Trust

Posted on:2017-04-10Degree:MasterType:Thesis
Country:ChinaCandidate:D Y TaoFull Text:PDF
GTID:2296330482498021Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The nature of the breach of trust crime is breaking the trust relastionship and making property loss,with the trust relationship being restricted in internal relations. Breach of trust crime wave according to be law, legal act, the official,but should rule out the fact behavior; The exception of behavior of breach of trust, can be a legal act, also can be a fact behavior, as and nonfeasance crimes may constitute a breach of trust. According to the limitation of nature of the breach of trust, the establishment of the breach of trust can’t be confined to the certain feild in the market economic activities, the civil activities and commercial activities should be included;Unfavorable also will be the sin for malfeasance crime, the object is not the same,breach of trust shall be positioned in a property crime to its constitutive requirements are discussed and explained.With the continuous development of market economy in our country,irregularities are increasingly prominent in market behavior, which seriously damaged the basic rules of market economy. In order to rebuilding social credit system and satisfying the specificity of our market system, the basic regulation of market economic actiivties should be led by the govermant;Along with the shortage of the breach of trust crime in China, I think that the criminal law should add common crime, with legislation model of regular crime plus special crime to regulate serious breach of trust actions.The object of breach of trust crime is property right, the single object. the trust relationship is not independent object, the significance of the breach of trust to protect its internalization in the protection of property rights. According to the characteristic of China’s criminal law combining qualitative analysis with quantitative analysis, breach of trust property loss in breach of trust should be limited.
Keywords/Search Tags:Breach of trust crime, nature, legislation crimes of common, breach of trust
PDF Full Text Request
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