Research On Additional Crime Of Breach Of Belief In China

The current Criminal Law of our country does not set a general crime of breach of trust,but in the "Criminal Law Amendment(6)" added two special breach of trust crimes beginning with a letter of instinct,which is called a special breach of trust in the narrow sense.At present,China's economy,which is steadily rising,is in a period of transition.The breach of public and private property rights has repeatedly occurred.However,criminal legislation,justice,relevant theoretical research and legal activities have shortcomings in the relevant aspects of breach of trust,including: scope of subject The narrowness and other factors lead to the low application rate of two special breach of trust crimes in the judicial practice level,which can not meet the actual needs;the corresponding practical research is difficult to carry out;the academic research on the concept of breach of trust is very few,and the protection of legal interests is property rights or The understanding of market economic order and other issues is not uniform,even at the basic concept level,there is a misunderstanding;the public generally lacks understanding of the crime of breach of trust.This reflects the shortcomings of the legislation,judicial and theoretical research on the crime of breach of trust in China in the new era.In response to this background,this paper conducts research from the following three parts: the theoretical research on the crime of breach of trust,the legal and judicial defects of the existing crime of special breach of trust?This article examines the nature of the crime of breach of trust from Germany,Japan,and Taiwan,and conducts empirical research on the status of the crime of breach of trust in our country's legislation and judiciary.It faces key issues such as few practical cases and legal disputes.The feasibility and necessity of increasing the crime of breach of trust were put forward,and finally the legislative concept of adding the crime of breach of trust was discussed.