The Subject Of The Crime Of Abandonment

According to article261of criminal law of china, it defines abandonment behavior as that whom have the obligation to bring up the young, the old and any other person who do not have the ability to live independently. The Chinese national penal code (1979) included the crime of abandonment in the chapter of crimes of interference with marriage and the family. The theory in our criminal law thinks that the crime of abandonment is the criminal act of impairing marriage and family. The subject of the crime of abandonment is the member that belonging to the same family. The current penal code (1997) put it into the chapter of crimes of violation of civil rights and democratic rights. And the contents of the crime has not been altered compared to the1979version. So some scholars put forward different ideas, they think the change of the crime of abandonment has changed its object, the subject of the crime can no longer be limited to between marriage and family. Moreover, with social progress and development, more and more closely between people and society, various types of abandonment behavior, we should make in the understanding of the subject of the crime of abandonment of social way. Not only from the law itself, we must understand it with the development of the society.This article is divided to three parts. The main body of the article is divided to four parts to prove my conclusion of the artical:The first part introduces the current provision and the controversy of the subject of the crime of abandonment.The second part introduces the history of the legislation of the subject of the crime of abandonment.The third part through the comparison of the legislation between Mainland legal system and UK-US legal system, the text tries to prove the necessity of the understanding of the subject of the crime of abandonment of social way.The forth part tries to prove the conclusion of the article that we must understand the subject of the crime of abandonment of social way. In order to prove it, the text contains four parts:the change of the object of the crime of abandonment; the protect of the vulnerable group under the social bring up; the new legislative spirit of criminal law and the exploration of the judicial practice.