A Reflection on the Crime of Breach of Trust from a Three-dimensional Perspective
In the context of the revision of Amendment(Ⅻ)to the Criminal Law of the People's Republic of China,the crime of breach of trust has once again entered the public eye.The integration of its establishment needs to be judged from a progressive logical perspective of"theory—practice—concrete feasibility".It is first necessary to determine the legitimacy on the theoretical level,involving that its constitutive elements are not vague,and that its establishment will not be reduced to a pocket crime,which is to provide proper theoretical support for its establishment.Practical necessity is then identified on the practical level,which should depend on two perspectives to provide practical necessi-ty.One is the frequent interventions of the criminal law,which does more harm than good;the other is the construction of the legal unity.Finally,its feasibility should be discussed on the normative level.The feasibility can be achieved from the dual perspectives of establishing the constituent elements of the crime of breach of trust and setting up catch-all clauses.
crime of breach of trustpocket crimecatch-all clausesinstitutional legitimacy
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