The Interpretation Of Abandonment Crime

The Chinese national penal code(1979) included the crime of abandonment in the chapter of crimes of interference with marriage and the family. The current penal code(1997) excluded the whole chapter and put those crimes into the chapter of crimes of violation of civil rights and democratic rights. The position of crime of abandonment has changed in the specific part of criminal law. Although the contents of the crime has not been altered compared to the1979version, but the change of position has aroused reconstruction and reinterpretation of the crime among scholars. Today, there has not been a definitive concept about the legal interest and constitutive requirements of the crime of abandonment.This article tries to explore this crime from there perspectives:legal interest, constitutive requirements and judicial practices. While comparing different views, this article contrives to find a reasonable conclusion. In specificity, this article analyses in three perspectives:Part one:the legal interest of crime of abandonment. In this part, the article tries to clarify this concept. It overviews different opinions on this issue, i.e., the canon of "victims rights in the households", the canon of the right to life without the ability to live independently and the canon of dependency relationship on the basis of personal rights. In turn, the article proposes is that the basic living of the well-being of the ability to live independently is the legal interests of the crime of abandonment in our national criminal law.Part two:the character of the crime of abandonment and its constitutive requirements. The interpenetration of constitutive requirements of the crime of abandonment. From the statue itself, the article takes pains to explain the content of "person without the ability to live independently" and the part of "bears not fulfill their duty to refuse dependents". Meanwhile, from the perspective of legal interest, the article deems that the crime should be defined as circumstance crime.Part three:the judicial practice of the crime of abandonment. It deals with the controversial issues raised by the crime of abandonment, saying the relationships between support agreement with the crime of abandonment, abandonment of sin and crime of trafficking in children, the compliance of the crime. Through analyzing specific legal cases, the article tries to prove the rationality and feasibility of the legal interests and constitutive requirements of the crime of abandonment.