A Study On The Legislation Perfection Of Abandoned Crime

The crime of abandonment refers to the vile behavior of who with support obligations refuse to bear the maintenance for the old, the young, the sick or other people who cannot live independently, and this is a traditional charge with long-standing history. Its predecessor is the "unfilial crime" in ancient China, thus common remarks about the crime have long been sunk into people’s hearts. Scholars generally believe that the kindred objects infringed by the crime are marriage and family relations under the protection of criminal law and the infringed direct objects are legal rights of family members who receive support in the family, and the criminal subject and the infringed object of abandonment must come from the same family. However, with the rapid development of society, a growing number of acts of abandonment frequently occurs outside the range of family. Abandoned people and the abandoned are not persons from the same family, and the act of abandonment under such circumstances is incompatible with our current constitution of abandonment crime, thus numerous acts of abandonment occurred in real life cannot get a reasonable regulation of criminal law. To make the legal provisions of the crime of abandonment able to properly resolve problems in practice, it is inseparable from "carrying out symptomatic treatment" for the shortcomings of our current legislation of abandonment crime, so as to compensate for deficiencies in the legislation of the crime by reconstructing the relevant provisions of crime of abandonment. Firstly, through the detailed retrospect of legislative evolution of the crime of abandonment in our history, this paper has made description and analysis of the evolution of crime of abandonment in our country and structural characteristics of the current crime of abandonment. Secondly, through the facts of "relocated" provisions of abandonment crime and some cases occurred in practice, this paper has analyzed the existing defects in legislation of crime of abandonment. Furthermore, it has analyzed the relevant legal provisions of crime of abandonment in Germany and Japan, thereby obtaining related enlightenments on how to further improve the present legislative condition of abandonment crime. Finally, this paper has put forward some suggestions for the legislation of crime of abandonment. The overall idea is to draw legislative model in Japan, and the crime of abandonment in our country is divided into three cases. In terms of concrete reconstruction, it is to achieve the perfect goal mainly by modifying the accusation of crime of abandonment and by setting statutory sentence.