Research On The Crime Of Abandonment

in our ancient criminal law while not abandoned the crime of abandonment crime, for the first time in the list is in the late Qing period appears only in the criminal law, but a similar unfilial crime but throughout the entire ancient criminal law, but also the unfilial crime also is a felony, its history is the study of crime of abandonment provides valuable historical data. With the social progress, the rapid advancement of social modernization process, the frequent movement of personnel and complex, social concept is the huge change, the theory circle of our country to study the crime of abandonment appears flowers contend for the crime situation, historical evolution, feature definition and similar charges, sentencing is studied, and the emergence of different theories for example, the academic circles to the crime object has a greater dispute, the party that is a violation of the members of the family dependent right, the other party that should not be limited in with family members of staff, and have put forward their own views. Source of controversy is the abandonment crime section position change in the 79 year old criminal law and 97 years in the new criminal law, but the expression of facts about exactly the same, indirectly led to the judicial practice appears different judgments in abandoned cases, basically is to identify inconsistent knowledge on whether to do not have a family relation personnel constitute the crime. Therefore the author in this context to study the crime of abandonment crime of abandonment, the position change is undeniably the infringement of citizens’ personal rights crime, more need to proceed from the angle of individual rights, to this crime’s legislation and judicial practice are discussed.This paper is divided into six chapters to discuss the crime of abandonment, the first chapter of crime of abandonment in the introduction discusses the historical evolution of the crime of abandonment, summed up the problems in the different age of crime of abandonment in legislation and application; discusses the extraterritorial legislation and characteristics of crime of abandonment, the main reference legislation in Germany, Japan, Italy, Taiwan, the United Kingdom, the United States, Hongkong and other continental law system and Anglo American law system countries and regions compared. On the characteristics of the second chapter constitute the crime of abandonment is mainly from the four elements of crime constitution were discussed in detail, such as the view of the author, the abandonment crime object through said there are imperfections, and has carried on the analysis, a conclusion for the main object of crime of abandonment is the victim dependent right, time to random object is the life and health right. Several other elements also with the above conclusion as the basis for argument. The third chapter of the crime of abandonment crime theory, mainly from the crime of abandonment of the unfinished form, shape, the common crime number form three aspects, such as in the form of quantity of crime mainly from the overlap of articles of law, the imaginative joinder of aspects are briefly analyzed, and also introduces some scholars point of view. The fourth chapter on the conviction of crime of abandonment in elaborated the right abandonment in extraterritorial, in some different situation in China; also discusses the provisions of relevant laws and regulations in some slight illegal abandonment; and a number of similar charges made a distinction, have accurate apply to the crime of abandonment. The fifth chapter of the crime of abandonment of sentencing theory focuses on some factors that influence the sentencing of the crime of abandonment. The sixth chapter is the perfection of legislation of crime of abandonment, the author will adjust the counts on to this crime law position statements and legal punishment adjustment are discussed.