Research On The Crime Of Abandonmen

Crime of abandonment, refers to the elderly, young, sick or other people can not live independently, support obligations and refused to bear the maintenance vile behavior. Abandonment of the crime should be the object of the rights of citizens to receive assistance, crime object is no ability of people to help themselves; the objective elements of the "support obligation" should be broadly interpreted as "support obligations," the subject of crime should be liable support obligations and has the ability to help people who can only be intentional crime subjective.In judicial practice, the key distinction between crime or crime of abandonment is "vile" finds; the boundaries of the crime of abandonment and child trafficking crimes constitute the crime is relatively clear, but betrayed own children qualitative differences in the behavior of the judicial practice in the more large, distinguishing it constitute abandonment of the crime or the crime of child trafficking in the key is to determine the behavior of people when selling biological children is "to refuse to assume their duty" for the purpose is "to sell for the purpose"; "as the extent of the obligation" objective aspects of judgment is not to distinguish between the crime of abandonment and intentional homicide as a key; when the crime of abandonment and maltreatment both accompanied occurred abandonment and abuse constitute Implicated shall determine what behavior is and what kind of behavior is the purpose of the act means behavior thus "choose a felony" punished; accomplice identified on the crime of abandonment issues, including abandonment and assist their implementation of the common people, constitute the crime of abandonment accomplice, the key lies in determining whether the behavior is out of the common people and the implementation of deliberate abandonment behavior; when people with non-support and assist their obligations jointly implemented abandonment, non-support obligations can not be jointly committing the crime of abandonment, but may become an accomplice in the crime of abandonment of others, such as the instigator, helping guilty; the crime of abandonment are not as pure commit criminal acts committed in the process, there is a form of attempted.Legislation abandonment of sin there can not be solved through interpretation, including the location of the Criminal Code of irrational guilt expressed flawed criminal responsibility is too general. After the proposal will include the crime of abandonment of marriage and family, including the original sin chapter prejudice all charges are transported to the violation of civil rights of personality type of crime, infringement of citizens’ democratic rights before the criminal class, meanwhile, will be transferred to the crime of abandonment of citizenship rights violations the first class of crime; the expression "support obligation" changed to "support obligation" to expand the scope of the crime of abandonment crime object; additional units for the crime of abandonment crime; Aggregated Consequential additional crime of abandonment; criminal division of the specific crime of abandonment for two tranches, the distinction between basic and Consequential Aggravated guilty.