On The Abandonment Behavior Of The Crime Of Abandonment

In recent years, with the rapid development of our modern social economy andtechnology, there are more and more necessary dangerous behavior make the possibility ofindividuals in a crisis situation to save themselves increase. But the traditional theory in ourcriminal law educational world follows the tradition of the Chinese criminal law about theunderstanding of the abandonment behavior. It thinks that the abandonment behavior is thecriminal act of impairing marriage and family. The main body of abandonment behavior is themember that belonging to the same family with victim. The theory of criminal law aboutabandonment behavior has small package volume, and the tension is not enough. It makes theregulation effects of abandonment behavior in criminal law can not play and makes someabandoned behavior fall into a dilemma in the trial. These situations not only violate the lawemotion of citizen, but also make the value of criminal law that protecting the legitimate rightsand guarding social ethical order cannot be reflected. These new abandonment behaviorspose a challenge to our traditional criminal law theory.This article tries to find the problem of our current criminal law through the analysis ofthe historical evolution of our criminal law about abandoned act, by comparing the differentrules about the abandonment behavior of the criminal law between our country and othercountries. In draw lessons from foreign related criminal legislation and the reasonable parts ofcriminal law theory. According to the national conditions of our country, this article tries toreinterpret the abandonment behavior of criminal law in our country and puts forward that theabandonment behavior should break through the bondage of the family members. It should beregarded as the behavior of infringing the life and health right of the people who without theability of survival independently. The difference between the abandonment crime and relatedcrimes is discussed in this paper, in order to accurately identify abandonment behavior ofabandonment crime and strengthen the function of safeguarding the citizens’ personal rightsand democratic rights by criminal law.