The Study Of The Crime Of Abandonment

Abandoned sin as traditional crime, along with the social idea of change and the change of social relationships, more and more new features in the new period, there have been some abandoned the phenomenon of behavior is beyond the scope of criminal law and regulations, the abandoned people’s legitimate rights and interests can not get effective protection.Disconnection between theory and reality arises intense discussions about abandonment crime in academic circles due to different individual understandings of the essential content of abandonment crime.Since 1997 China’s criminal law the crime of abandonment as a "violation of citizens’ personal rights, democratic rights", the theory has two representative views: some scholars insist that it violates the legal interest of the marriage and family right; another part of scholars insist it violates the legal interest of life and health right. The first view as a common theoretical circle saying, is supported by many scholars, but some cases supporting the second view also exist in the judicial practice, which causes conflict between criminal law theory and judicial practice.Under this background, this paper comprehensively uses legal theory analysis, comparative research and case analysis and other research methods to analyze the defects of the crime in legislation, on the basis of which it reexplains the relevant contents of this crime with reference to the legal provisions about the crime of two law systems in other countries and combination of the relevant theory of criminal law. This paper consists of preface, body text and conclusion. The body text is divided into four parts:The first part, introduces the historical evolution of the crime of abandonment. It systematically introduces the germination, development(especially the development since the foundation of PRC) and final establishment of the crime.The second part, analyzes the legislative defects about the crime of abandonment. The legislation defects of the crime are concentrated in the following aspects: fuzzy definition of the crime object and inaccurate positioning, narrow scope of the crime object and subject, lack of discrimination of setting legal punishment.The third part, analysis and evaluation of the extraterritorial legislation of the crime of abandonment.In Mainland legal system countries, abandonment crime is prescribed in the scope of violations of life and health rights. Though common law countries didn’t convict abandonment crime separately, it can still provide beneficial reference to the subject and object of the crime. By comparison we can draw the enlightenment that extraterritorial legislation can better solve the abandonment crime legislation in our country, and we should draw lessons from legislation pattern of the abandonment crime of the obligation to reconstruct legislation.The fourth part, based on the above analysis, reinterprets the crime characteristics and setting of the legal punishment. It summarizes four aspects of the abandonment crime characteristics: The definition of the object of the crime of abandonment, determination of the crime of abandonment of the object, the determination of the subject of crime of abandonment. And the specific performance of the legal punishment of crime of abandonment difference set.