Research On Adding The Crime Of Common Offense Of Trust

The current criminal legislation in our country has no relevant provisions on the crime of general breach of trust,and the existing special breach of trust also has loopholes in the subject and behavior mode,which leads to the emergence of serious breach of trust behavior can not be effectively regulated,seriously restricting the healthy development of the market economy.In addition,the classification of the crime of breach of trust is not strictly grasped by the criminal law academia in our country,which makes the typification of the crime of breach of trust not yet formed in the criminal law of our country.Therefore,the addition of the crime of general breach of trust has become the key to break through the legislative defects of the crime of breach of trust in our country,and is also the response to the construction of social credit mechanism and system.The full text is divided into four parts,which are summarized as follows:Chapter one,the concept and characteristics of the crime of general breach of trust.There have been several theoretical disputes about the concept of general breach of faith in the academic circles,but in the final analysis,it is a contest between the theory of breach of faith and the theory of abuse of authority.These theories either narrow the scope of the crime of breach of trust,or blur the boundaries between the crime of breach of trust and civil dishonesty.Through the analysis of the above-mentioned theories,this chapter draws the conclusion that the concept of common breach of trust refers to the property crime of dealing with property affairs for other people,in the process of dealing with affairs,people fail to proceed from their own best interests,violate the internal trust relationship with themselves,and cause damage to their property;the characteristics include ',the perpetrator is the person who handles affairs for others","the perpetrator is the person who handles affairs for others","the perpetrator is the person who "The crime is backed by three aspects:internal trust relationship" and "the crime is a property crime".Chapter two,the absence and problems of the crime of general breach of trust in our criminal law.Whether the crime of general breach of trust is absent or not has always been praised or not in the academic circles.It is affirmed that there is only special breach of trust in our criminal law,but no ordinary breach of trust.Negative theory holds that the crime of embezzlement is the crime of general breach of trust.In fact,the crime of embezzlement can not be totally equated with the crime of general breach of trust,and the seven charges sorted out are also recognized as special breach of trust because of the particularity of the subject of crime and the protection of legal interests and the inability to cover the due content of the crime of general breach of trust.In addition,the lack of common breach of trust in our country has also resulted in the lack of regulation of some breaches of trust,the lack of regulation of some actors,the inequality of protection of legal interests,and the lack of integrity of the legislative system.Chapter three,the necessity and feasibility of adding the crime of general breach of trust in our criminal law.This part is the answer to why the crime of general breach of trust should be added.Necessity focuses on the serious social harmfulness,criminal punishability and the inherent requirements of social development of breach of trust.Feasibility starts from the perspective of historical basis and realistic basis,especially in the aspect of realistic basis.Not only do civil law and administrative law negatively evaluate breach of trust,but also the current social policy and the Party's guidelines put forward requirements for the regulation of breach of trust.Chapter four,the specific design of the crime of general breach of trust added to our criminal law.This chapter is deeply rooted in the local reality on the basis of drawing lessons from foreign experience.It designs how to add ordinary breach of trust crime from three aspects:system arrangement,charge setting and penalty setting.Firstly,the system arrangement starts with the characteristics of ordinary breach of trust,and identifies it as a property crime and places it in the fifth chapter of the criminal law sub-rules;secondly,the establishment of charges elaborates on the main elements,subjective fault,behavior mode and harmful consequences,and adds the provisions of "telling before handling";thirdly,the establishment of types of punishment and punishment should be integrated.On the basis of fine penalty and free penalty,qualification is set,and the range of free penalty is set to two grades:fixed-term imprisonment of less than three years and fixed-term imprisonment of more than three years and less than seven years.