On The Legislative Reconstruction Of The Crime Of Abandonment In Our Country

As a traditional type of crime, the crime of abandonment has a long history. Crime of abandonment has been regarded as a crime within the family, until 1997, "Criminal Law" put the crime of obstruction of marriage and family chapters into violations of civil rights, democratic rights chapter. With the change of social structure, adjustment of the value orientation, in the face of the endless stream of new abandonment behavior, the crime of abandonment provisions has been unable to effectively protect the abandoned right to life through the maintenance of family order, nor strike a balance between punishing crime and protecting human rights by legal interpretation. Under this background, the author put forward the depth of interpretation of current crime of abandonment, re-examine the existence of the crime of abandonment in reality, combined with foreign mature legislation experience and the theory of criminal law legislation. This article mainly from the following aspects:The first chapter to the second chapter, on the basis of legal history research of our country, through this part of data to observe the changes in the trajectory of the crime of abandonment. And then through the generally accepted view of the crime of abandonment for depth analysis, and combining with case analysis, reveals the legislative defects and the problems brought to the judicial practice. And finally puts forward the necessity of reconstruction of legislation on the crime of abandonment.The third chapter, through the comprehensive investigation of the legislation of the crime of abandonment in other countries and regions in the continental legal system, starting from the two aspects of the legislative history and legislative type, revealed the social foundation of the transformation of crime of abandonment on protecting interests and the inevitable trend. Extracted legislative enlightenment from solving practical dilemma of crime of abandonment in our country, and reconstruction of the crime of abandonment already have the possibility.From the fourth chapter to the fifth chapter, the author combined with the theory of criminal law to find the legal basis for the reconstruction of the crime of abandonment in the aspects of legal interest protection, behavior character, behavior pattern and legal punishment. And combined with the reality of our country to put forward the basic idea of the legislative design of abandonment crime ought to be.At last, the author put forward that the settlement of abandonment crime should not only pay attention to the unification of criminal theory and judicial practice, but also pay more attention to the combination of law, economy, policy and other social means to fundamentally improve the social chaos, crime prevention and protection of vulnerable groups rights of survival.