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Research On The Criminal Breach Of Trust

Posted on:2018-11-21Degree:MasterType:Thesis
Country:ChinaCandidate:Y WangFull Text:PDF
GTID:2416330518959023Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The rapid development of economy on the one hand to the people to bring a wealth of material conditions,on the other hand because of the lag of the law makes a lot of economic development problems are not effective legal constraints.Market economy activities is important than the integrity,but only look forward to the main market economy can consciously honest is clearly unrealistic,which is required to act as a constraint to the purpose of the law to protect the market order as a prerequisite for the market the behavior to be regulated.At present,the trust of the client caused huge economic losses,undermine the market order of the act of treachery occurred frequently,China's behavior on these constraints mainly rely on civil and commercial law and administrative law,which is far from enough,our criminal law in the regulation of the existence of the letter insufficient.China's criminal law theory on the letter of the crime of understanding is not consistent,which also to some extent affected the development of China's crime of treachery.Germany is the origin of the crime of treachery,Japan has studied the German legislation after the establishment of the letter of treachery,the two countries on the study of the results of more crimes,from theory to related theories are more mature,so as to learn Germany It is of great significance to improve the theoretical level of the study of the crime of treachery in our country,to further improve the legislation of the crime of retrial,and to establish a reasonable theoretical system of the crime of retaliation,and to analyze the development of the crime of treachery in our country.China's scholars recognized the special treachery has two,breach of conscience damage the interests of listed companies and the use of trustworthy property.Through the addition of special treachery,the focus on restricting the high incidence of treachery of the main body,such a legislative model has limitations,it is necessary to add a common crime of treachery.The existing special treachery and the establishment of the general treachery of mutual coordination,in order to form a complete letter of criminal legislation system,more effective regulation of economic market in the case of treachery.
Keywords/Search Tags:Criminal Breach of Trust, Suggestion for Improvement, Comparative Study
PDF Full Text Request
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