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背信犯罪行为的本质在于滥用职权或者违背诚信义务。背信行为具有严重的社会危害性和刑罚的不可避免性,背信行为犯罪化也是现代社会构建普遍信任的要求。当今对背信行为进行刑法规制是各国刑事立法的发展趋势。在规定普通背信罪的同时,规定若干特殊背信罪,由此构建起背信罪的完整体系,是背信行为犯罪化的合理路径,值得我国借鉴。
The essence of crimes against backslips lies in abusing their power or violating the obligation of good faith. Breach of trust has serious social harmfulness and unavoidability of punishment. Crimes of breach of trust is also the requirement of building common trust in modern society. The criminal law regulation to the credit behavior nowadays is the development trend of the criminal legislation in every country. While stipulating the common crime of backtracking, it also stipulates a few special crimes of backtracking, so as to build a complete system of crime of breach of trust, which is a reasonable way to criminalize the behavior of backtracking, which is worth learning from our country.