Research On Perfidy Crime

Along with our country2006adding perfidious damage listing Corporation interests andthe crime of breach of entrusted property crime, criminal breach of trust has been the publicfamiliar with the, research on perfidy crime has been deeply.Combining extra-territoriallegislation and theoretical research on criminal breach of trust, based on our existing criminallaw system, the criminal of perfidy in our criminal law studies.The full text is divided intofive parts, the summary is as follows:The first part:Study of perfidy crime origin and extraterritorial legislation for criminalbreach of trust.Through the study of the civil law and common law, the representativecountries and regions, summed up the following common point:First of all, criminal breach oftrust by the early care related to late and now based on the principal-agent relationship isbased on.Secondly, in the implementation of the behavior of perfidy crime per capita againstthe back support client trust behavior.Again, the implementation of perfidy behavior causedthe principal property damage.Finally, in punishment, States, regions were set freepunishment.The second part:Determine the nature of criminal breach of trust on the basis of theanalysis of the academic point of view of domestic and foreign.Through both inside andoutside the domain of academia about the nature of criminal breach of trust theory andanalysis,determine the nature of the breach of trust crime connotation is:Act in the process ofhandling affairs for others, for the purpose of personal gain or property damage to the trustor,conducting break between the principal and the entrusted trust relationship, causing seriouslosses to the property of the principal’s behavior.The third part:Around the nature of the breach of trust crime combed out the scope of thecrime of breach of trust.Based on the Ancient Chinese Literature Search circles about therange of perfidy crime division of assessment, the delineation of the scope of our specialperfidy crime mainly includes the following several kinds of crime:The crime of illegalprofits for the relatives and friends,Favoritism cheap converted into shares, the sale of stateassets crime,Breach of trust to damage the interests of the listing Corporation,Breach ofentrusted property,Crime of illegal loans,The crime of embezzlement,The crime of dividingthe state-owned assets,Dividing the confiscated property crime,Refusing to levy, tax levy lesscrime,and The illegal transfer of state-owned land use rights crimes. The fourth part:Based on the social status and breach of trust in our criminal law crimelegislation present situation, consider whether additional independent of breach of trust in ourcriminal law is necessary.Through the analysis of positive and negative views of scholarsabout adding independent perfidy crime, coupled with lack of criminal breach of trust in ourcountry existing legislation.For example, criminal regulations of public ownership economyand private ownership economy imbalance,Perfidy behavior has the serious socialharmfulness showing many convex is not criminal regulation etc..The author thinks that thecriminal law of our country, it is necessary to add the independent crime.The fifth part:Further analysis of provisions of criminal breach of trust in our country,find them in the legislative oversight, and puts forward some suggestions to perfect thelegislation.Perfidy crime in the criminal law of our country exist the following problems:First,independent of perfidy crime not specified;Second, the criminal subject of perfidy crimeregulation imbalance;Third, some with serious social harm behaviors could not be criminalregulation;Fourth, breach of trust legal punishment of crime configuration shortcomings;Fifth,crime of illegal profiteering for relatives and breach of entrusted property existing in thelegislation of some unreasonable.This paper aims at these problems and puts forward somespecific improvement suggestions.At the same time, made the preliminary conception in thelast set of "breach of trust".