China's Infidelity To Perfect Criminal Legislation

With the further development of market economy in our country,the specialty and complexity of economic activities also increases.In this case,the market economic activities of the participants,enterprises and individuals tend to entrust some agencies have professional qualifications or professional knowledge and ability of individuals to handle the relevant economic business,management of the relevant property.In this kind of clientage,the client can't its transaction processing property of the trustee agent for effective control.Accompanied by the agent,damage the interests of the principal property,infringing crime appear constantly of the social credit system,the form also presents a new change and the trend of diversification.In order to maintain the stability of the market economic order and guarantee good social credit system,using the law to infidelity for regulation and prevention is very important and necessary.Breach of trust is a concept of German and Japanese criminal law,not ordinary breach of trust in the existing criminal law,only in the specific provisions of criminal law as well as the recently introduced the "criminal law amendment " and "criminal law amendment " specified in the several special breach of trust.The author believes that the current criminal law stipulated by the special breach of trust can't cover all the infidelity is in market economy activity,must add "ordinary breach of trust" legislation to regulate those who can not apply special to punish breach of trust has serious social harmfulness of infidelity.This article mainly to add in our criminal law legislation,this paper discusses common breach of trust.The article suggests the perfect special Breach of Trust,while additional ordinary breach of trust in our criminal law,so that both can make up for the loopholes to protect legal interests,can also promote the Perfection of Criminal Legislation.Is the subject of the article,in the nature of breach of trust crime concept analysis and analysis,from the constitutive requirements of the crime of our country's existing special classes in bad faith,compared with overseas crime criminal breach of trust,summarizes the treachery of the insufficiency of the criminal legislation in our country,finally put forward the corresponding legislative Suggestions.