The Cognizance Of Crime Of Abandonment

The crime of abandonment, what is to protect the legal interests ofabandonment crime belongs to section changes since1997, and there has beencontroversy over theoretical circle and physical world in different countries andregions. Chinese scholars on this issue also have a heated debate, the debate overideas basically has the following two kinds: the first category is represented byProfessor Chen Xingliang, who supported through said, viewing that the crime ofabandonment is against marriage and family relationships, their criminal objectshould be understood as the right of citizens of dependents in the family. The secondcategory is based on Professor Zhang Mingkai represented by scholars support theview that in our contemporary society, the nature of the crime of abandonment hastransformed to a crime against the citizens’ lives, health and safety offenses.Abandonment, as a kind of traditional crime, which has a long history, and hasalways been as a domestic crime. But with the development of the socialproductivicty, the transformation of social structure and the changes of therelationship between people, a growing number of non-family members ofabandonment behaviors happen from time to time, and there has a heated debate intheoreticial circle of whether it is a crime and whether is a crime of abandonment forthis kind of behavior. To accord with the development of the society from the path ofthe dimension for solving problems in practice, this article, from the interpretation ofthe legal interest of abandonment in the current criminal law in our country law, andthrough the comparison with the related provisions of foreign countries’abandonment crime legal benefit, and finally get the conclusion that the legal interestof abandonment crime has get changed and its effect on the abandonment crimeconstitutions, mainly involves: the expansion of abandonment crime subject, crimeobject reality shift, abandonment crime for review, and on the basis of theinterpretation abandoned sin in determination and problems in practice.The topic of this paper is the research on the cognizance of the abandonment crime.The full text is mainly about the following several aspects. The paper isexpoumded from the legal interest of abandonment crime in the present law. And itlists three main theories point analysis, namely: tong said, shin andeclecticilunsm.The mode of current legislation still confined to the crime ofabandonment to protect the right to maintenance by family members as the core, andwith the development of society, the legislative model is clearly too narrow, it hashighlighted its flaws and shortcomings in the protection of citizens’ lives, healthrechtsgüeter. This part is divided into two aspects, one is the interpretation of ourcurrent crime of abandonment to protect legal interests, of the legislative intent ofthe crime of abandonment, the other is the introduction of the national civil lawprovisions on the crime of abandonment of benefits, with a view of the relevantaspects of the crime of abandonment of inspiration.After the explorion of the legal interest of abandonment, the author intends toexplain the influences on the essence of offence brought with legal interest changing.Since1997, the crime against marriage and family had been cancled, which containsall the charges included in Chapter4, violation of civil rights and democratic rightsof personal sin, the protection of legal interests of abandonment sin became the focusof the academic debate on the crime of abandonment. Different understandings andinterpretations about the legal interest of the crime of abandonment not only have animportant impact on the nature of the correct definition of the crime of abandonment,but also affect the content of the constitutive elements of crime areas. Therefore, thesecond part of this paper mainly illustrates the influences on the essence of offence,which is brought with the changes of legal interest of abandonment sin. The authortries to explore the crime of abandonment from these asepcts of the subject, objectand action in three areas to illustrate the impact of changes brought about by thelegal interests.The next main issue is about the judicial determination in the crime ofabandonment, that is, in practice, what kind of actions should be characterized asabandonment of crime, which should not be characterized as a crime ofabandonment behavior. On the issue of the cognizance of crime of abandonment, this paper mainly discusses two-pronged approach, one question came from crime ornoncrime of abandonment sin. This section is divided into three specific areas,namely from the law, legal act, the previous behavior of these three areas to explorewhether the acts constituting the crime of abandonment.The second part is abouthow to distinguish crime of abandonment from other crimes in the cognizance ofabandonment sin in practice, especially these crimes which are common but difficultto distinguish in practice on the comparison of the two crimes, such as the distinctionbetween the crime of abandonment and nonfeasace murders.Finally, the paper continues to expound on the basis of the previou part of theidentification of crime of abandonment. This section focuses on the crime ofabandonment in the judicial practice identification in difficult circumstances, bydiscussing these difficult issues, with a view that it can help to identify the problemsof the crime of abandonment more or less.