Study On The Regulation Of Faith Problems In Criminal Law

Good faith is not only the highest guiding principle in private law,but also an important principle of the modern legal system,especially the proliferation of dishonesty on the political,social and life aspects have the effect of perfidy in our country.although about the faith crime,our country started late,although our country has stipulated the crime about the perfidy at present,but strictly speaking,our country does not require independent crime about perfidy,in our country there is no independent perfidy crime,the crime about perfidy existing there are also some shortcomings,this paper based on the existing problems for the integrity of Chinese and foreign criminal law legal system,the combination of foreign crime legislation and theory,to study the crime about perfidy in our criminal law.In addition to the introduction,this paper is divided into four parts,about more than40000 words,the main contents are as follows:Part one: an overview of the legal issues of good faith.The integrity of the concept first appeared in the Rome law,the concept of integrity in our country is from the spirits of devotion in the development,the principle of good faith moral norms and legal norms as a whole,so the dual function of moral regulation and legal regulation of both,it is not only the highest guiding principle in the field of civil and commercial law,but also covered the world of important principles in the field of public law.The principle of good faith is in the common principles of public law and private law,is closely related with the criminal law,property relations in criminal law except for special reasons can also apply the principle of good faith,In the past few years,although the research on the protection of the criminal law of honesty and credit has been strengthened in recent years,there are still gaps.The second part: the concept and nature of the definition of perfidy.The concept of perfidy first appeared in the Prussian law,the criminal law in the field of "perfidy" concept with rich connotation,not only to understand the literal,the concept and essence of the doctrine of perfidy are essential and clarify the perfidy is the key to understand the concept of perfidy,at present about the nature of perfidy,"said breach of academia".Defining the trust relationship of perfidy behavior based on "trust",at the same time for embezzlement and fraud similar behaviors are analyzed and compared,the concept and essence of the more clear breach of trust.The third part: the current legislation about honesty and breach of criminal law issues.Dishonest crime is divided into fraud,forgery and infringement of intellectual property rights and other traditional dishonesty crime,through comparing the provisions for dishonesty crime can be found in our country is relatively complete for the regulation of the traditional dishonesty of such crimes,but for the regulation of perfidy is not advanced.The crime of perfidy in our country's existing is only the regulation of special behavior of perfidy,lack of independence can cover the general behavior of perfidy crime,based on the domestic classification of the theory of crime of perfidy with the analysis of the seven types of China's existing perfidy criminal.The fourth part: the problems and improvement of the criminal regulation of the credit problem.In China,the traditional regulation of the crime of dishonesty is mainly manifested in the regulation of the crime category is more dispersed,may cause the logical confusion of the criminal law system,our country for perfidy regulation mainly manifested in the lack of subject lack of regulation,lack of private ownership protection,lack of protection of personal property.This paper addresses these deficiencies and puts forward some concrete suggestions,and the perfidy crime is set to make a preliminary concept.