Research On The Crime Of Abandonment

The crime of abandonment is a kind of traditional crime .It is stipulated in the chapter of hindrance of marriage and family crime .In 1979 criminal law , in traditional criminal theory, it is said that the object of the crime of abandonment is the nurtured right of abandoned people. which people is the old, the young, the sick or others no ability to live independently family members, the body is the special body ,that is, the people have the duty in law to nurture the abandoned . But, after the amendments to the 1997 criminal law, the criminal law has abolished the chapter of hindrance of marriage and family crime, merged the abandonment crime into The chapter of violating citizen personal rights, the democratic rights crime without any change in content. So there will be a dispute between scholars, argued that explanation method should be adopted to expand the scope of the abandonment crime. But scholars still remain the basic viewpoint. But along with the nurture relations' socialization, a larger number of abandonment behavior between on-family members is difficult to stipulate. Also has brought confusion for judicial practice. But overseas and as well as our country Taiwan area, in Macao area's criminal law actually has the corresponding law to carry on the rules and regulations to these behaviors.Therefore, the author believes that in order to resolve the difficulties in judicial practice, it is necessary to improve our country's abandonment crime by the way of legislation. In this article, the author will make the following attempt:One ,Through legislation, adjusting the position of the abandonment crime in the fourth chapter, after the crime of intentional murder, crime of intentional assault.Two, Expanding the scope of the abandonment, adding fine punishment and the Aggravated Criminal Penalty, designing for the crime: According to the law, the laws and regulations or the contract, the authority, the actor has duty and ability to nurture the young, the sick or others have no ability to support oneself, but he refuses to fulfill the duty, or abandons the above person in the survival dangerous situation, constitute the abandonment crime, give the actor below three years imprisonment, detention, control or fines. if abandonment behavior lead to the abandoned injury severely, place below three year above ten year imprisonment. .if abandonment behavior lead to the abandoned died, place above ten years imprisonment or life imprisonment.Three, Expanding the body of the abandonment crime, which including natural person and unit.