The Study On The Crime Of Abandonment

With the change of social environment in china, both properties and concrete manifestation of abandoning present obvious tendency of diversification, if we still define connotation of the Crime of Abandonment in traditional viewpoint, it wills make much so deviation in demand of social status. Therefore, according to draw lessons from the legislative experience and related theories of the Crime of Abandonment at home and abroad, we on basis of combining with development of Chinese society should solve the problems of the Crime of Abandonment on legislation and judicature, In the aspect of judicial determination of the Crime of Abandonment, we should mainly solve these problems:First, the determination on joint crime of the Crime of Abandonment. To be specific, it includes two situation, one, several obligors implement behavior of abandonment together; two, obligor and non-obligor implement behavior of abandonment together. Second, the determination on abortive form of the Crime of Abandonment, In author’s opinion, the Crime of Abandonment also has abortive form. Third, analyzing the difference between the Crime of Abandonment and related crimes, including intentional homicide of omission, maltreat and the crime of abducing and trafficking children,In the aspect of legislative perfection of the Crime of Abandonment, at first, author analyzes the defects in the current legislative regulation of the Crime of Abandonment. It includes the connotation of act duty and the range of object and subject in the Crime of Abandonment has been ruled too narrowly, the penalty setting of the Crime of Abandonment lacks of differential treatment, position of the Crime of Abandonment in the specific provisions of criminal law is unreasonable. Then, in response to above defects, author puts forward a sound advice in aspects of crime indictment, penalty and position in the specific provisions of criminal law of legislative regulation of the Crime of Abandonment. To be specific, in the aspect of crime indictment. First, modify the property of act duty in the Crime of Abandonment to’help’and increase appropriately the source of act duty. Secondly, modify the object of the Crime of Abandonment to’need to be helping people’. Finally, add unit subject to the subject of the Crime of Abandonment and establish’double punishment system’in order to punish unit subject. In the aspect of penalty setting, set the situation of’abandoning induces severe injury or death’to aggregated consequential offense of the Crime of Abandonment. In the aspect of arrangement of position of the Crime of Abandonment in the specific provisions of criminal law, legislators should make some adjustment according to the object of the Crime of Abandonment.