The Research On The Crime Of Abandonment

China's criminal law provisions on the crime of abandonment have a long evolutionary process, and eventually conside abandonment as crimes between the marriage and family, which is related to the family-based ideology and ethical nature of China's traditional legal culture. But the current provision on the crime of abandonment has already not matched with the demand of the judicatory practices. In order to make up the shortage of criminal law and adapt to social development, it is necessary to improve the crime of abandonment on the foundation for drawing lessons from rules out of the area. The crime of abandonment is an aggravated act which one who has the duty refuses to foster or rescue the elderly, young, sick or other people with no self-help capacity. Crime of abandonment violates civil life and physical safety, and then the subject and object of crime of abandonment have to expand the scope. The subject of crime of abandonment should be determined from sources of duty in criminal omission. The scope of fostering duty is narrow, and should increase the content of salvation. The sources of duty to foster or save are: law, job or business requirements, previous behavior, legal act, the fact of living together. "Without the ability to self-help" is more suitable than "no ability to live independently". It should be designated the situation of person's severely wounded or death as aggravating article. The legal penalty of basic crime is proper to settle for "three years following imprisonment for a specific term, imprisonment or control", and the legal penalty of aggravate crime is proper to settle for "more than three years and ten years following imprisonment for a specific term ". The abandonment behavior of relatives should be punished severely to maintenance natural ethics. The improvement of legislation of the crime of abandonment can make criminal law provision have more rationality, and provide explicit basis for judicatory practices. It is advantageous to carry through the basic principles of criminal law, and protect the life and health of citizen and support social stability.