Research On Criminal Regulations For Breach Of Trust

The booming social economy has slammed the door to change in the professional field.People are no longer willing to do things personally.They will hand over part of their work to outsiders,and the two sides will establish a trust-based delegation relationship.However,the drive for interests sometimes causes these authorized or entrusted institutions and individuals to violate their fiduciary duties in dealing with others' affairs,and the act of breach of trust will follow.Nevertheless,the law currently lacks effective sanctions against serious breach of trust,which has become a stumbling block to China's economic development.The most urgent task is to consider the breach of trust for the intervention of criminal law,so as to improve the protection system of breach of trust.This paper is divided into five parts.The thesis analyzes the legitimacy of the criminal law of the breach of trust on the basis of analyzing the related theories of breach of trust behavior.Based on the experience of extraterritorial legislation,it summarizes and summarizes the current situation and existing problems of criminal law regulations of breach of trust behavior in China,then proposes legislative improvement measures.The first part is the basic theory of breach of trust behavior.This part discusses the concept,characteristics,type and essence of breach of trust behavior.It holds that breach of trust behavior is an act that an perpetrator who has the management obligation to master's affairs violates his obligation,breaks the trust relationship and causes damage to owner's property.Then it summarizes the behavior characteristics,result characteristics,subject characteristics and subjective characteristics of breach of trust.On this basis,the types of breach of trust behavior are divided.Finally,it is concluded that the essential characteristic of breach of trust is to damage trust system and property system.The second part is the necessity and feasibility analysis of the criminal law regulation about breach of trust.Firstly,this part analyzes the necessity of the criminal law regulation of breach of trust.It believes that the breach of trust seriously shakes the whole society's sense of integrity,damages the interests of others and weakens the existing regulatory system.Therefore,it is necessary to carry out criminal law enforcement on breach of trust.At the same time,the criminalization of breach of trust is in line with the purpose of criminal law.Foreign relevant legislation also provides us with experience that can be used for reference.It is feasible to regulate criminal law enforcement on breach of trust.The third part is the investigation of the extraterritorial experience of the criminal law regulation on breach of trust.This part summarizes its legislative experience by examining the crime setting,constituent elements,statutory penalties and prosecution power in Germany,Japan and Taiwan,China.At last,it provides a reference for the improvement of criminal law regulation of breach of trust in China.The fourth part is the status quo and deficiency of China's criminal law regulation on breach of trust.Firstly,this part summarizes the current situation of China's criminal law regulation on breach of trust.Although our criminal law lacks the setting of ordinary breach of trust crime,the third chapter of China's criminal law has set up a number of special breach of trust crime.Secondly,it analyzes the problems existing in the criminal law system of breach of trust in China and discusses the lack of design and punishment configuration of special breach of trust.The fifth part is the path choice of the criminal law regulation of breach of trust.Based on the criminal legislation and theoretical research of the related breach of trust behaviors outside the domain,this part puts forward some suggestions on the legislative improvement of the criminal law of the breach of trust in China.First,adding an ordinary breach of trust to strengthen the legal protection of social integrity.Second,improving the criminal composition and penalties of special breach of trust in order to severely crack down on the breach of trust in financial markets.Third,the stipulation of breach of trust is a crime of confession,except for serious harm to social order or national interests.