The Crime Of Abandonment In The Criminal Law Of People's Republic Of China

With the social and economic progress in our country,the concept of value has been constantly changing and developing,and the division of labor in society has become more and more precise,leading to more diversified subjects of “support” obligations.In my opinion,family will eventually not the only obligator to bear the support obligation under the rise of institutions such as social welfare homes,nursing homes,and psychiatric centers.In modern society,abandonment occurs from time to time in these institutions which results in controversy among the criminal law in China on the diverse obligator of abandonment.According to the general understanding,the crime of abandonment as defined in Article 261 of the Criminal Law of People's Republic of China refers to the family members shall bear the support obligation for each other.However,in case of the non-family members' non-support,they will not be deemed as committing an abandonment instead of being deemed as intentional murder.The reason why is that the crime of abandonment provided by the current criminal law has certain legislative defects,and this kind of defect cannot be solved by means of legal interpretation.This Article begins with the legislative sources of crimes of abandonment.Through reviewing the legislative process of the crime of desertion in our country,we can accurately define the real legal interest of the crime of abandonment.In respect of the defects in the abandonment crime,to tell the differences between crimes of abandonment and related crimes by the interpretation of the provisions of the crime of abandonment,and learn from legislative examples of crimes of abandonment in Civil Law System countries(regions).Moreover,putting forward some advice perfecting the stipulations of abandonment crime and fit our country's real situation.