华侨大学学报（哲学社会科学版）Issue(3)：112-124,13.
我国刑法中特别背信罪的规范特征与具体适用
Normative Characteristics and Specific Application of Offence of Breach of Trust in China's Criminal Law Based on the Amendment to the Criminal Law(Ⅻ)
摘要
Abstract
The amendment to articles 165,166 and 169 of the Criminal Law by the Criminal Law Amendment(Ⅻ)has once again triggered widespread concern in the academic community about the offence of breach of trust by private enterpri-ses.From the comparison with Germany and Japan,on the one hand,China focuses on the outstanding problems in the field of market economy and carries out the problem-oriented special breach of trust legislation;on the other hand,China's special breach of trust crime takes'violation of the duty of loyalty or fiduciary duty+use of the authority to deal with af-fairs'as the basic conditions for the establishment of the special breach of trust crime,which has the obvious characteristics of the abuse of authority-type breach of trust crime.We can adopt the theory of abuse of authority to understand the norma-tive essence of the three newly established special crimes of breach of trust in China.Paying attention to the distinct opera-tional logic of private enterprises compared to state-owned enterprises,and referring to the relevant provisions of the Com-pany Law,the criminal subject should be judged based on the actual authority of enterprise managers,and it is inappropri-ate to hold them criminally liable for breach of trust in cases where they indeed act in the interests of the enterprise.关键词
背信罪/滥用权限/《刑法修正案(十二)》/民营企业Key words
offence of breach of trust/abuse of authority/Amendment to the Criminal Law(Ⅻ)/private enterprise分类
政治法律引用本文复制引用
杨轩宇..我国刑法中特别背信罪的规范特征与具体适用[J].华侨大学学报（哲学社会科学版）,2025,(3):112-124,13.基金项目
国家社会科学基金一般项目"中国自主刑法知识体系建构研究"(24BFX113) （24BFX113）
