Study Of The Criminal Breach Of Trust

The current Criminal Law of our country has no references to normal Criminal Breach of Trust,but there are two special Criminal Breach of Trust articles available.At present,China's economy growth is sustaining steady and undergoing the Marketing Transition Period,thereby the act of Breach of Trust which related to severe infringe public and private possession are quite often.While there are lacking much of references about Criminal Legislation,judiciary,related studying as well as legal education in terms of breach of trust behavior regulations,which include extremely hard utility in practical and insufficient numbers of case studies due to the severe narrow subject scope and others reasons of the Criminal Law for Judicial Practice;difficult research progress in practical cases study;academics extremely lack of researches related to the Criminal Breach of Trust definition,and nonuniform understandings toward its legal interest,including market economic order or property rights,even have misconception about the primary definition;most of the populace are not familiar with the Criminal Breach of Trust.All above expose that we are inadequate referring the studies both in Criminal Breach of Trust theory as well as Judicial Practice especially in this new era.Thus facing these problems,our research explore from following three parts: Criminal Breach of Trust in legislation and judicature,Criminal Breach of Trust study of foreign counties' legislation and judicature,legislation improvement of Criminal Breach of Trust.Tracing back to the evolution of the domestic and abroad Criminal Breach of Trust history separately,the paper explores the Criminal Breach of Trust definition and essence,tries to clarify the definition of Criminal Breach of Trust,and analyze domestic Criminal Breach of Trust cases with respect to legislation and judiciary,attempt to solve the problems of being highly short of practical cases,Legal interest arguments,and so on.Meanwhile,even though common-law system countries generally regard Breach of Trust behavior is not criminal offence,but Civil and Commercial Jurisprudence matters,they still have rich experiences in Criminal Breach of Trust theoretical as well as Judicial Practice study.Additionally,theory study could refer from Civil Law system regions such as Germany,Japan,and Taiwan Province of China.Then I will refine the essence knowledge from their study and according to our own situation and demand,recommend improvement strategy towards Criminal Breach of Trust legislation: I suggest to add normal Criminal Breach of Trust in the Criminal Law.