Research On Criminal Regulation Of Breach Of Trust

Since the reform and opening up,China's economic development has been accelerating.Even in recent years,China's economic growth has surpassed that of the United States,becoming the fastest growing country in the world.The diversity and openness of economic activities have become the current theme.In the daily economic activities,more and more social division of labor tends to be fine and highly specialized.Some economic activities that require professional knowledge must be entrusted to professionals to be carried out more appropriately.Fiduciary must complete the tasks entrusted reasonably and properly according to Principal(commercial law)'s instructions.However,in practice,it often happens that Fiduciary violates the trust relationship and abuses the entrusted authority for its own needs,and violates Principal(commercial law)'s trust relationship and loyalty obligation in order to grab illegitimate personal interests.Fiduciary's interests have been seriously damaged.If Fiduciary's interests are damaged to the extent that the criminal law punishes them,then Fiduciary should be held accountable according to the criminal law standards.Although the principle of good faith is one of the important principles in private law,civil legal norms can only take punitive measures with compensation for illegal acts in the field of civil law.If serious acts of dishonesty occur,civil legal norms cannot play a disciplinary role like criminal law and thus cannot be effectively prevented and stopped.Crime of Breach Trust was born to make up for the insufficient punitive measures in civil legal norms.Based on the theory of breach of trust at home and abroad,this paper studies the existing Crime of Breach Trust in China.