Research On The Crime Of Abandonment

The establishment of abandonment crime has a long history. The ancient with religious rites provides the social environment. The harsh guarded feudal hierarchy has led to the development maturity, especially in the feudal society. Then, establishment of the abandonment crime subject is limited to family members, and gradually formed a traditional theory. The abandoned crime is prescribed in breach of marriage and family crime chapter in 79 of the criminal law, mostly reflects this theory. Namely the subject of abandonment crime is a special subject ability and support obligations. The protection of the object is a member of the family because of old, young, sick and without independent living skills. Later, 79 of the criminal law displaced the abandoned crime to the chapter infringe on their citizen’s personal and democratic rights. The location of the adjustment caused academic review of abandonment crime. Moreover, with the changing social environment, economic conditions, more and more complex social relations, the abandonment crime in the judicial practice problems are increasingly apparent, Constantly shake the traditional theoretical position. In recent years, the controversy about the " safe havens" also triggered a new round of discussion and research of the abandoned crime. It is the basis to read and discuss the abandoned crime in this paper.This paper consists of introduction, text and epilogue three parts, including the text is divided into four chapters:The first chapter mainly discusses the abandonment crime from the aspects of the crime constitution. First, through illustrating the meaning of this duty, the source of this duty from a different point of view to interpret the abandonment crime subject qualification. Second, discuss the subjective fault of the abandonment crime from two aspects of knowledge elements and analyze the motivation and purpose of the abandonment. Third, interpret and define the objective elements of abandonment crime based on the objective aspect of the crime of abandonment, the support ability and the bad circumstances.The second chapter mainly discusses the problems in judicial practice of crime of abandonment. First, analyze the difficult problem in the judicial practice. For example, "Wang Yimin case", "the driver case of abandonment", "the hospital patient of abandonment in Nanjing". Second, analyze the problems in judicial practice of crime of abandonment because of the fuzzy rules. For example, "Zhao Hongwei case", "Zheng Dongli case", "starve children’s case in nanjing". Finally, through three cases to discuss the single punishment of the abandonment crime, which makes the crime not adapt to the punishment.The third chapter mainly elaborates the legal thinking and response of the "safe havens". First, inspect the the origin and causes of the "safe havens" and debate advantages and disadvantages on the reasonable analysis. Second, analyze "safe havens" with Criminal law thinking and analysis, mainly from the disadvantages. In addition, analyze the specific behavior of abandoning a baby in the "safe havens". Explains the problems why there is no baby behavior be punished.Now there is no behavior of abandoning a baby in the "safe havens" to be condemned because of the disadvantages of "safe havens" and the imperfect crime of abandonment. Then explain the problems why there is no baby behavior be punished.The fourth chapter mainly introduces the legislation perfect of the abandonment crime in our country. First, investigate and summary the criminal law in the Anglo-American law system represented by Nigeria, Canada. Second, investigate and summary the criminal law in the continental law system represented by Germany, Austria, Japan, Taiwan. In addition, provide advice to the perfection of legislation about the abandonment crime in our country, which is based on the experience of the Overseas Countries and regions, combined with the actual situation of our country. Specific include increasing the content of the obligation; clearing the standards which circumstances are wicked; increasing the pure crime of abandonment and the aggregated consequential offense.