Research Into The Crime Of Abandonment

Ancient China is a patriarchal society as the most important ritual and in feudal society, it is worse. The rulers of feudal society in order to maintain the rule of the feudal establishment build the strict hierarchy, and the characteristics of this system is attaching great importance to the interests of those elders. Corresponding to this, the social system and social development is often a strong sense of moral and ethical concepts, relatively closed state, and in this feudal form, the crime of abandonment which was limited to family members is logical. With the development of history a kind of traditional theory on the crime of abandonment has formed:the subject are the special people who have support capacity and have a legal support obligation; the special subjects of interest is against to the rights of family dependents legally. This theory has been extended to the promulgation and implementation of the Criminal Code of 1979.However, in 97 years of criminal law the crime of abandonment is located in the violation of civil rights, democratic rights of the chapter, although the practice remains the traditional ideas, it has attracted many scholars dispute. Abandonment of position change of the crime has expanded that its object, can no longer be limited to between marriage and family, but should be citizens of life, physical safety; Moreover, with social progress and development, economic science and technology more and more developed, social mobility growing, more and more frequent contacts between individuals, ranging more widely, the abandonment behavior among non-family, more and more people caught in a dangerous situation, the possibility can not help themselves greatly enhanced, resulting in many Practical problems in the legislation can not be effectively resolved. That is, the crime of abandonment of the provisions of criminal law and related theories have been unable to adapt to the social status quo.In order to solve many problems in practice, this paper carried out the crime of abandonment of superficial analysis and discussion, the text is divided into six parts: The first part is an introduction, presented the background, purpose and significance;The second part elaborates the abandoned status of the Crime and related theoretical issues with the history of the crime of desertion of China,;The third part discusses the theory of the crime of abandonment of disputes and difficulties encountered in practice, and then explains the drawbacks of the traditional view on the crime of abandonment;The fourth part describes the relevant provisions of the crime of abandonment overseas in order to better learn;The fifth part re-interprets the abandonment of the crime, the object of the crime of abandonment as a citizen's life, physical safety, and then made a re-interpretation of other relevant theories with the change of the object, and introduce the differences between the crime which is re-interpreted and related charges of abandonment;The sixth part provides new legislation proposals about the abandonment issues related to the crime, containing simple abandonment of sin, consequential offense, changing the crime of abandonment from private prosecution to public prosecution.