The Study Of The Subject Of Abandonment Crime

In China, the legislation of abandonment crime is very simple, the provisions of the scope of the subject of abandonment crime and the Source of its obligations are not clear. For a long time,the crime of abandonment is viewed as the infringement of the right of the family members, the criminal subject has particularity, they and the abandoned people are family members. In 1997,the criminal law adjusted the position of the crimes of abandonment that transfer the abandonment crime which is in the chapter of marriage and family crime to the chapter of citizen personal and democratic rights,the understanding of abandonment crime generated controversy.One view is that the abandonment crime is still belongs to the marriage and family crime,the subject of abandonment crime is family member. Another view is that because of the adjustment of location with the abandonment crime, its legal interest has change to the right of citizen's life and health, people with this duty can be the subject and object of abandonment crime. And, with an increasing number of abandonment behavior, the existing criminal law theory of the crime of abandonment cannot meet the demand of judicial practice, a growing number of scholars believe that it is necessary to reinterpret the crime of abandonment.Therefore, the author mainly through the method of comparative study, to analyze the different domestic theories and the juridical practice about the subject of abandonment crime, and the foreign legislation of the subject of abandonment crime. According to the shortage of legislation in our country and learning from foreign experience to give perfect suggestions.The article includes the following several parts:Section 1, analyzing the case of professional abandonment led to thinking of the subject of abandonment crime.Section 2, analyzing the legislation of the subject of abandonment crime, to understand the connotation of the duty of abandonment crime, and refute other objections, and to understand the scope of subject of the crime of abandonment and obligations.At the same time,analyzing the subject of abandonment crime from the aspects of source of obligation and the protection benefit, through the reflection of different points of view and give the author's opinion. In addition, the author analyze the problems of professional abandonment behavior in the judicial practice and give her opinion.Section 3, using the method of comparative study on the legislation of the crime of abandonment between the mainland legal system with the Anglo-American law system, we can have a conclusion that we have a very big disparity with other countries and we must through the reformation of legislation to solve the problem of abandonment crime.Section 4, drawing on the extraterritorial legislation experience of the subject of abandonment crime, according to the shortage of legislation in our country, several modifications were proposed to polish up the legislation of subject of abandonment crime.