| 英文摘要 |
Most countries deem breach of Trust as a criminal offense. Such countries where breach of Trust is criminalized can be broadly divided into three different systems, namely, French, Anglo-American, and German systems. In France, breach of Trust is traditionally only punishable in a few commercial fields. Earlier in England and America, breach of Trust was considered a subset of theft. Now the new Fraud Act 2006 comes into force in England. In America, breach of Trust is sanctioned under the Mail and Wire Fraud Statute as federal fraud laws. A general sanction rule of breach of Trust is prescribed in German criminal law. Since Taiwan has adopted German law, it is necessary to examine the advantages and disadvantages of the German system in more detail. Compared to French and Anglo-American systems, the German system is more stable. However, in determining the property damage, vagueness appears as a weak point of the German system. In Taiwan, the weak points originating from German law are regarded as the main tasks in future research. |
