我国单一背信罪的立法完善构想

Legislative Perfection of Crime of Breach of Trust in China's Criminal Law

建议在我国刑法中增设单一背信罪,并就罪刑条款、构成要件进行设计。在法定刑中建议不宜设置死刑,以自由刑为主,财产刑并用。在犯罪构成要件中建议,单一背信罪侵犯的客体是复杂客体;其客观方面表现为:行为发生在为他人代理事务或履行职务的过程当中,行为人为自己或第三人牟取利益而故意实施了背信行为,其行为给委托人造成损害;犯罪主体是特殊主体,是为他人处理事务的人,即受托人;主观方面只能是直接故意,过失不构成本罪。

Addition of crime of breach of trust in the criminal law is recommended, and it is proposed to design crime and punishment terms and the constitutive elements of crime. It is further recommended not to set the death penalty in the legal punishment, but set free sentence and property punishment. Crime of breach of trust violates complex objects as follows ： the behavior occurred in the course of affairs or the performance of his duties, the agent violates the trust intentionally, the purpose of the behavior of the agent is to seek profit for himself or for a third party, his behavior causes harm to the client; subject of the crime is a special one, . i. e. , trustees, managing affairs for others; subjective aspect can only be directly intentional, and negligence does not constitute the crime.