Legislative Improvement On The Crime Of Abandonment

As China’s social and economic development, people’s lifestyles in the ideological field, values, ethics and other subtle changes taking place, the consequent "duties abandonment", "social abandonment" and the new abandonment from other third parties resulting from non-relatives are frequent, and become the focus of media attention and debate. Looking at the results of China’s current criminal law legislation on the crime of abandonment, mainly for the abandonment of marriage and family members of relatives of the range, for legal raise, child maintenance, maintenance obligations other than abandonment of new sanctions is no detailed legal provisions to enable Such abandonment is difficult to obtain proper regulation, thereby causing public social responsibility weak,sick and elderly and other vulnerable groups of young legal interest is difficult to be guaranteed, highlights the abandonment of the crime legislation is lagging behind. Special Provisions study in Taiwan, China(hereinafter referred to as Taiwan) aspects of the crime of abandonment examples of relevant legislation, its institutional integrity of the boundary,moderate penalty provisions, more reasonable punishment gradient, including reasons for the establishment of the crime of which negates the abandonment and abandonment of lineal ascendants and other crimes, more specific complete.Scrutinize criminal law on the crime of abandonment between Mainland China and Taiwan, through comparative analysis of different provisions of distinction, explore the criminal legislation and practice drawing the usefulness of the Taiwan region, from China’s national conditions and legislative reality, make up the current criminal law on the crime of abandonment of legal principles, gaps and loopholes in the law, promote the improvement of abandonment of criminal legislation, is intended to strengthen the life of citizens, theprotection of the right to health legal interests of criminal law. The perspective of this thesis will break through the range of subjects and objects abandonment of the crime, use the mainstream viewpoint and method experts, scholars from Mainland China and Taiwan,analysis the nature of the act from the abandonment of the crime against the people of the right to life and the right to health behavior, Discriminate the criterion of distinguishing between the abandonment of crime and related crimes, to explore ways to improve our abandonment of the crime of criminal legislation, with a view to promoting the reconstruction of China’s abandonment of crime, to provide superficial advice of redesign to the punishment of the crime of abandonment.