On The Research Of Problems And Reconstructions Of Constitutive Requirements In Crime Of Abandonment

Crime of abandonment has been an old and important accusation since ancient times. Such accusation has never gone beyond the domestic sphere on the basis of our traditional legal culture and ingrained social consciousness. Not only science and technology, but also socialist market economy, has rapidly developed since the reform and opening up. Meanwhile, more and more dangers and emerging abandonment behaviors have been increasing. It is easier to fall into non-self-help situation. However, the existing constitutive requirement in the crime of abandonment acts clearly inadequate in the regulation of these behaviors. It has been a great opportunity to reconstruct it since the revision of our criminal law in 1997. There have been three mainstream theories including the traditional viewpoints. However, arguments on the crime of abandonment have always been the most complex and confused problem in the interpretation of our criminal law. There are advantages and disadvantages revealing the three kinds of mainstream view. But unfortunately, none of them can explain constitutive requirements in the crime of abandonment in current criminal law adequately and reasonably.Firstly, the author definitely analyzes constitutive requirements in the crime of abandonment on the basis of traditional viewpoint. Secondly, challenges in judicial practice and arguments from academic world referring to the constitutive requirements are put forward by the author. Thirdly, the author compares the constitutive requirements among Japan, Germany and Taiwan. Finally, constitutive requirements are reconstructed on the basis of studying on the possibility and necessity of constitution, considering national conditions in the period of social transition, as well as learning from other countries and regions. All efforts are made expecting to give a scant help for legislative improving in the future.