Research On The Crime Of Abandonment

As a traditional crime, the crime of abandonment has been changed for times so far. While it is the current definition of abandonment in our country, which is always "helpless" and then appears so "tired" in the face of all different types of abandonment behaviors in today’s society. It can’t solve the problems existing in our abandonment crime fundamentally, whether to continue to take the traditional viewpoint of abandonment or to hold the new views that expand the application scope of the abandonment crime through the substantial interpretation method to a certain extent. Therefore, it is necessary to construct the abandonment crime on legislation. This article consists of introduction, text and conclusion. The main text is divided into four parts.In the chapter one,"essence of the abandonment crime" is to claim the author’s basic position of subsequently elaborating on the abandonment crime. It starts from the argument in essence of crime and then to the essence of the abandonment crime, which is as a major premise to provide the following arguments.Chapter two,"analysis on the existing problems of the abandonment crime" is to explain in detail from a comparative perspective aiming at the existing drawbacks of the our country’s provisions of the abandonment crime. The specific drawbacks include the name of crime, the subject of crime, the object of crime and the punishment.In the chapter three,"legislative reconstruction of the abandonment crime" illustrates the methodology basis, historical basis and realistic basis of reconstructing the abandonment crime firstly in order to make clear the legitimacy of the reconstructing suggestions. Moreover, the paper tries to clear the specific reconstruction ideas according to the three classes of crime system of civil law, and then put forward the concrete reconstruction suggestions, which also provides relevant cases to support. Meanwhile, the paper instructs briefly the distinction between the abandonment crime and the crime of intentional homicide of omission.In the chapter four," property of the abandonment crime" is to introduce and analyse the viewpoints on our country’s current regulation of the abandonment crime, and further more try to clarify the definition of our abandonment crime on the basis of reconstruction.