The Study Of The Crime Of Abandonment

The name of the paper is"The Study of the Crime of Abandonment". It has preliminary reflection on the existing legislation of the crime of abandonment, from the vertical angle and from the horizontal of the historical development of the crime of abandonment. Moreover, the serious abandonment among non-family members could not be punished, because of the absence of express provisions of the Criminal Law. Thus, it is imperative to revise the clause of the crime of abandonment. I try to carry out the basic theory of the crime of abandonment and comprehensive explanation. Besides the introduction, it is divided into three chapters.In the first chapter, I describe the history of crime of abandonment in our country. It had extended more than 2,000 years from Qin Period to 1997. The first section, it is the traceability of the crime of abandonment. I have studied the historical document of the law of Qin, Tang and Song Period. Thus, I found the earliest the crime of abandonment is the disserve crime. The ancient rulers tried to achieve a harmonious and stable social environment, whose purpose was to safeguard the feudal patriarchal system needs. Generally speaking, the crime to the family is the crime to the country. The blood relationship as a link to the blood legislation had historical legitimacy. Chinese legal family had been the history. However, the hidden criminal culture as abstract patterns has impact on the existing legislation of the crime abandonment. We must pay attention to the function of legal culture. It led to the current principle of the crime of abandonment limited to family members. It led to the punishment was lower than other countries of the world. In the second section, I describe the legislation of the crime of abandonment from Qing Dynasty to the Republic of China. In the third section, I introduce the development of crime of abandonment from 1949 to 1979. I introduce abundance of historical document in order to reflect and improve the legislation.In the second section, it is the reflection on the crime of abandonment. In the first section, I have an overview of the current Criminal Law. First, the person has a support obligation in the family. Second, crime is limited to the elderly, young family or other family members who need help. Third, the object of crime is the right of family members. Fourth, the act obligation is from the Marriage Law and other family law. In the second section, it is recalling the process of the crime of abandonment in history of the evolution of the thinking of foreign. In the capitalist era, especially after the Renaissance,"individualism"began to rise and"group"began to fade. Individual life and health was risk where were not social assistance in the world. Because degeneration of ethic, popularity of law, the behavior that only can be convicted by law is defined to be the crime of abandonment. In conclusion, it is inevitable from the areas of the relatives to the areas of the general subject. In the third section, we want to fill the gaps in the law, resorting to revise and improve the law itself rather than the"objective interpretation"in the framework of the existing criminal law. It seems conflicted with the principle of a legally prescribed punishment for a specified crime, because this objective interpretation beyond the original idea of desertion crime defined.It is critical to revise the provision after reflection on it. In the third chapter, I discuss the specific ways to improve crime legislation. In the first section, I adjust the location of the crime of abandonment in the crime of infringing upon citizen's right of the person and democratic rights. It is appropriate to rank the crime of abandonment after manslaughter. The citizen's right is divided into human right and moderate right. The location of the crime of the abandonment is 261 of the Penal Code. It is only a violation of citizen's right to identity. But the legal interest of the crime of abandonment is the right of life and health. In the second section, the subject of crime and the target of crime have changed with the change of the object of crime. That is to say, the subject of crime and the target of crime have not been between family members. The subject of crime fulfills support obligations. It isn't appropriate to expand the area of subject of crime. The morality act makes the legal act change, such as"falling to help others in danger". It is purely a moral act into law. In the third section, I try to explain the source of"support obligation": the obligations, the obligations arising from the legal action, and the obligations arising from the specific events. In the forth section, I discuss the issue of criminal liability. A distinction should be made between ordinary circumstance, the aggravation due to the death of people and the act of abandonment between family members. I design a comprehensive crime provisions after preliminary reflections. In the end, we hope the government builds a"harmonious society"to rule political ideas into practice.