A Study Of The Crime Of Breach Of Entrusted Property

Since reform and opening,with the rapid development of economy and increasingly frequent market activities,the function of the honest credit principle as the most important principle of market trading has also been highlighted.However,in market transaction is filled with the crime of "breach of trust",Criminal Law Amendment VI in2006,in section 185 of criminal law added "the crime of breach of entrusted property" in order to combat the crime of breach of entrusted property.For 12 years,this crime has been rarely used in judicial practice.It is confronted with an awkward situation in which the crime is vacant,which is directly related to the lack of theoretical research.The author will be based on the basic theory,combine with the related academic research and limited Judicial cases,then,discussseveral difficult problems of breach of entrusted property,in order to promote the development of theory and practice.Specifically,this paper will focus on the following three parts:The four constitutive elements of the crime.The author will explain the different views of the four elements and put forward my own view.From the object of the crime,it is a complex object.The order of financial management is the main object,and property right of the clients is the secondary object;From the objective aspect of the crime,the explanation of “Breach of the obligation of trustee "and"unauthorized use "and" customer funds or other entrusted property "" the standards of serious matters "will be the point?The subject of the crime is special which is a pure unit crime,such as commercial bank,stock exchange,futures exchange,financial institution or other financial institutions;The subjective aspect of the crime is intentional crime,including direct and indirect intention.The forms of offense numbers of the crime.This paper mainly explains the form of accomplished offence and criminal attempt,the form of the joint crime between the unit and the natural person,and the form of the number of crimes such as the joinder of offenses.The difference between this crime and approximate crimes.The boundary of misappropriation crime such as the crime of embezzlement of public funds and the crime of misappropriating funds,and the boundary of other crimes,such as the crime of illegal use of funds and the crime of fraud.