On The Addition Of Common Crime Of Breach Of Trust

As one of the means to solve social problems,the existence of legal system can reflect various problems encountered in the process of social development.However,in real life,the law lags behind,sometimes it is difficult to meet the needs of social development.Just like the problem of breach of trust which has been hotly discussed all the time,our country has not stipulated the ordinary breach of trust,and the existing special breach of trust types and regulations are insufficient,which can not meet the needs of protecting legal interests and cracking down on crimes.Therefore,this paper discusses the issue of adding ordinary breach of trust.This paper mainly discusses the content in the body,the body mainly from four parts to explain.The first part puts forward the background of adding ordinary breach of trust.This part compares the legislative provisions and regulatory scope of ordinary breach of trust with the objects and behaviors of special breach of trust in China,and concludes that there are defects and deficiencies in the provisions of special breach of trust in China.Therefore,under this background,this paper puts forward the background of adding ordinary breach of trust in the first part.The second part is the necessity and feasibility of adding the ordinary crime of breach of trust.The first part points out that the special crime of breach of trust in our country has some problems,such as insufficient regulation scope.Because of these problems,it is very necessary to add the ordinary crime of breach of trust.This part refutes the reasons against adding the ordinary crime of breach of trust before discussing the necessity of adding the ordinary crime of breach of trust,After refuting these reasons,this paper demonstrates the necessity of adding this crime.The feasibility of adding this crime lies in the fact that we can learn from the practical experience of foreign legislation,and the regulation of the special crime of breach of trust on breach of trust in our country has taken shape.The third part is the essence of common breach of trust theory and legislative system for reference,since it is necessary to add common breach of trust,it is necessary to determine the nature of this crime,this paper believes that this crime is both abuse of authority and violation of trust,is the combination of abuse of authority and violation of trust,can not be determined by abuse of authority or violation of trust.The fourth part puts forward the legislative design on the addition of ordinary breach of faith,and clarifies the criminal law system setting,constituent elements,crime and punishment setting of this crime.In addition,this part also discusses the application between ordinary breach of faith and special breach of faith,and holds that there is no conflict between ordinary breach of faith and special breach of faith,so ordinary breach of faith should be added.