Study On The Deadly Abandonment Behavior

Abandonment behavior is an important concept in criminal law. In the world of criminal law theory, abandonment behavior has been taking as a key research point,however, the behavior to aggravate its result, namely deadly abandonment behavior qualitative,has seldom beenstudied as an important point in this world. Abandonment behavior is based uponthe concept of behaviors to cause death in etymology meaning.On the basis of the current related criminal legislation, judicial practice and criminal law theory of deadly abandonment behavior, and combining with the definition of related foreigncriminal legislation on abandonment behavior, there is a broad understanding to deadly abandonment behavior: doerwhich he/she is fully aware of that he/she hassupport obligationprescribed by the law, help and rescue obligation in his/her position and protection obligation caused by advance behavior to the old,young, sick or any other person without independent life ability, but refuses to provide necessary material for life and health, and finally resulted in the death. To comprehensively understand abandonment behavior, it is not only to define its concept, but also to analyze its structure and type. According to the differences of act obligations, deadly abandonment behavior can be divided into three different types.In the world of traditional criminal law theory, it is known that abandonment behavior should generally take place between family members, but with the rapid development of our modern social economy and science and technology, it has increased the possibility that individuals can not help themselves under a dangerous situation, which has thrown down the gauntlet to this theory. Based upon the basic theory of criminal law, and combining with the reality of social development, it should affirm the rationality of the abandonment behavior among family members.In the judicial practice, it is always confused between deadly abandonment behavior and intentional killing behavior, torture to death behavior, negligence to death behavior and other criminal behavior. Therefore, it plays a positive role in judicial practice to distinguish these behaviorscorrectly, and to define the qualitative of deadly abandonment behaviors accurately.