Abandoned Reflection And Reconstruction Of Crime Legislation

The abandonment crime is the tradition crime, along with the social concept and interpersonal relationship's vicissitude, in the realistic life the abandonment crime of non- family members sometimes occursThe criminal law educational world regarding to this behavior whether to constitute the crime as well as whether to constitute the abandonment crime have the intense argument. Must say that this is because they have different understanding to our country present criminal law about the essence and the concept of the the abandonment crime to create.The penal code transfers the abandonment crime from original"infringe upon marriage and family crime"to"infringe upon citizen human body right and democracy right"in a chapter in 1997. the majority of scholars think the abandonment crime is still the crime of infringing upon marriage and family. but part of scholars think that the abandonment crime may expands its applicable scope through the objective explanation ,and thus smoothly solve the qualitative question that the abandonment crime of non- family members constitutes crime. but the author think this crime at present is still limited in the family scope. if you want to fill this legal blank finally, you should be supposed to resort to the revision and the consummation of the law itself. This article sets up the foundation of reference to the legal regulation overseas, simultaneously unifies the elementary theory of the criminal law, propose own legislative and tentative plan. this article is composed of the introduction, the main text and the conclusion, and the text is totally divided into three parts:The first part, elaborate the confusion that the new abandonment behavior brings for the judicial practice, and initiate the related academic dispute. this has provided a platform and the foundation for the following concrete research.The second part, comb the current crime constituted condition of the abandonment crime of our country. inspect the overseas abandonment crime's vertical legal regulation, introduce the related stipulation and the character of the Japanese and the German criminal law with emphasis. analyzes in the foundation above, the author reconsider the present abandonment crime legislation, and reconstruct the crime constitution of the abandonment crime ,think that the existing abandonment crime of our country do not meet the social development need, the magnification of the abandonment crime wil be imperative. but the abandonment crime's magnification only can seek help from the law itself revision and consummation ,is not carried by the objective explanation under the existing criminal law frame.The third part, in the foundation which studies in front ,the author propose own legislative and tentative plan, including: adjust the position of the abandonment crime in the forth chapter in the penal code; redesign the indictment and the legal punishment ; the lawsuit is changed from the private prosecution to the public prosecution. hope the author's preliminary exploration will be able has a benefit to the future legislation and the judicial practice.