The Thinking On The Case Of Orphanage Abandoned "Three-no" Patients

Based on the analysis of the Wang Yingming's desertion case, this paper leads to the controversy of the crime of desertion. Before the amended criminal code, does not exist much controversy. The crime of desertion is a crime which violates marriage and family, and the criminal subject is special, as considered to be the family members who have a statutory obligation and have the ability to support the abandoned. After the amended criminal code, some scholars still hold the view that the crime of desertion is a crime which violates marriage and family, and it's subject is special; others believe that the crime of desertion has adjusted to the violations of civil and democratic rights from the prejudice marriage and the family. And it's subject is just ordinary subject. This article is going to comparatively analyze criminal constitution concerned the crime of desertion before and after the amended criminal code, especially in detail the criminal object, criminal subject and maintenance obligations, and also discuss some regulations abroad. The author holds a view that the crime of desertion provided by the criminal law is a crime which has already adjusted to the violations of civil and democratic rights not only from the current law system, but also from social practice, has not only to further their understanding between members of the family, and should be understood as a generalized dependency between the obligations of the citizens. However, In the long run, it should be through legislation to complement the existing penal legislation flawed. It is hard for people to tell the difference between the crime of desertion and intentional murder of nonfeasance, and the article also discuss the distinctions and connections between them.This paper is divided into four chapters:Chapter 1 - adopted the practice of Wang Yingming's desertion case in the analysis leads to our understanding of controversy of the crime.Chapter 2 - focus on the country's traditional criminal law theory of the crime of desertion understanding, the foreign criminal law on the general provisions of the crime of desertion, the distinction and connection between the crime of desertion home and abroad, as well as elaborate on the constitution of the crime of desertion after the amended criminal code.Chapter 3 - Analyze the difference between the crime of desertion and abandoned as a means of the intentional murder of nonfeasance, as well as the connections.Chapter 4 - put forward legislative proposals to the crime of desertion. Clearly defined the specific meaning of the 'maintenance obligations' in the criminal code, as well as increase the consequential aggravated criminal in the crime of desertion...