The Essence of Breach of Trust and The Risk Behavior

• Main Authors: Tzu- ChuanTsai, 蔡梓詮
• Other Authors: Chen-Chung Ku
• Format: Others
• Language: zh-TW
• Published: 2019
• Online Access: http://ndltd.ncl.edu.tw/handle/v4ga3k

碩士 === 國立成功大學 === 法律學系 === 107 === TThis article sorts out the German discussion on the element of abuse of authority and the element of violate of trust in the interpretation of the study, and carefully clarifies the differences in the scope of application between the two. And pointed out the blind spots in the application of abuse of authority theory in Taiwan.In addition, this article organizes the development history of the abuse of authority theory and the violate of trust theory. According to this organization, it is pointed out that the theory of abuse of authority and the history of the crime of breach of trust are contradictory. Finally, based on the above discussion, it is concluded that the most appropriate distinction between the breach of trust and the offenses of criminal conversion. Discuss how to distinguish whether an act is a legitimate economic operation of another person's property or a criminal behavior of a breach of trust in a risky behavior that is associated with a risk of economic loss. First, discuss the evaluation of the violation of the task and the relationship between the consent of the element of the crime including the impact of shareholders' meeting resolutions on risk behavior evaluation. Then, discuss the identification time of property damage, the relationship between property risk and property value, and the application of subjective damage of property damage in the determination of property damage. Key words: breach of trust, abuse of authority, risk behavior, property damage