Study On The Subject Of Abandonment Crime

Traditional theorists have always believed that the crime of abandonment is a crime between family members,and that the subject of the crime has the particularity of identity,and the subject and object must be limited to the same family member.In recent years,with the development of high and new science and technology,a variety of problems have emerged in social life.The abandonment behavior among non-family members keeps emerging,and abandonment is no longer the "patent" of family members.If the crime of abandonment is still limited to family members according to the traditional theoretical point of view,then it is difficult to deal with the new type of "abandonment" cases in judicial practice,and thus the phenomenon that the law is out of touch with reality appears.If such abandonment is included in the scope of the crime of abandonment for punishment,according to the current relevant provisions of the criminal law,it violates the principle of legality of crimes.Therefore,this paper starts with the interpretation of the provisions on the subject of the crime of abandonment in China's criminal law,combines the difficult cases in judicial practice,and makes a comparative analysis of the defects in the legislation of the crime of abandonment in China with reference to the relevant provisions of foreign countries,and puts forward Suggestions accordingly.This paper is mainly composed of three parts: introduction,text and conclusion.The text is elaborated from the following four aspects:The first chapter mainly starts with the typical case,through the analysis of the case dispute points and puts forward their own views.The first section of the second chapter interprets the provisions of abandonment crime in China's criminal law.The second section elaborates the connotation of the duty of support and the source of the duty of support from different angles of the academic circle,and interprets the subject qualification of the crime of abandonment.Section three: the adjustment of the position of the crime of desertion has caused the debate on the legal interests of the crime of desertion in the academic circle.This section mainly analyzes two theoretical viewpoints,namely,the theory of the right to support family members in the general view and the theory of the right to life and health in the new view,providing a theoretical basis for the transformation of the legal interests of the crime of abandonment.Abandoned in the third chapter mainly reading practice in section 1 of the typical case,through the "Wang Yimin case" and "xinzheng hospital case of abandonment" were analyzed,and the two cases are case of abandonment of medical institutions,but at the end of the processing result is not unified,in academic circles debate,investigate its reason is the abandonment crime legislation is not perfect,in the practice of no unified processing standards,so to consummate the legislation,expanding the scope of the abandonment crime subject;The second section is mainly about the theoretical distinction between the crime ofabandonment and the crime of intentional homicide as a judicial practice to provide theoretical reference.The fourth chapter compares and analyzes the provisions of typical countries and regions in the world on the subject of abandonment crime,and puts forward my own views based on the theoretical study of the criminal law of abandonment crime and the problems in judicial practice.The fifth chapter mainly puts forward some Suggestions on how to perfect the crime of desertion: enlarge the duty of support,expand the object and subject of the crime of desertion,and the subject of the crime should include natural person and unit.