On The Abandonment Behavior Of The Crime Of Abandonment

Abandonment behavior is an important concept in criminal law, the theory of abandonment behavior is the priority in our criminal law theory. Taking the etymological meaning of abandonment behavior as the foundation and according to the current legislative practice and our theory of criminal law on the definition of abandonment behavior, and combining with foreign criminal law theory and judicial practice of the identification of the abandonment behavior, it defines abandonment behavior as that the perpetrator is aware that he has a support obligation, but he refuses to provide the material or life care necessary for survival for the elderly, the young, the sick, or the other such person who are not capable of living independently. It needs to analyze abandonment behaviour's structure other than defining its concept in order to deeply understand it. The premise of abandonment behavior is the support obligation, and the source of the act obligation of the negative crime is a controversial issue on criminal law theory, but the source of support obligation of abandonment behavior which is the pure negative crime has been basically reached a consensus in theory and practice, which is that only the obligations which are under the law expressly can be the source of support obligation. The main form of abandonment behavior is that refusing to perform the support obligation, while the main form can be expressed as positive shift, negative departure and simply unprotected.Most scholars believe that the abandonment behavior should happen in family members, but the real cases challenge the theory. It considers that confirming the rationality of the abandonment behavior among non-family members, which is based on the basic theory of criminal law and combined with social reality. The abandonment behavior is always confused with intentional killing behavior, abuse behavior, and negligent causing death behavior, therefore, correctly distinguishing these behaviors has a great significance for identifying the abandonment behavior in judicial practice.