On The Obligation To Act Involving The Crime Of Abandonment

The traditional theory of the crime of abandonment in our country think that It violate the relationships of marriage and family. And the obligation of action is limited to the provisions of the marriage law. But in real life, the actor and the victim is not responsible for the duty of maintenance of the "marriage law" in more and more abandoned cases. We shouldn't continue to define this crime in the marriage and family. We should pass new legislation to expand the scope of the obligation to act of abandonment crime to protect citizens' life and health better.Compared with China, Germany and Japan have more comprehensive provisions about the crime of abandonment. Abandonment crime of a person with a legal obligation in the Germany and Japan's law involved the obligation to act. We can learn from that. Abandonment crime of a person with a legal obligation refers that the people who bear protection obligations carry out the abandonment behavior. The protection obligations is more inclusive. Protection obligations not only including the protection of the law obligation, but include obligation based on contract or transaction management. Protection obligations not only including the protection obligation under the form, but also include the protection obligations presuming from essentially closely life community.In the legislation reform of the crime of abandonment in our country, we should defined the abandonment crime to a crime infringe on citizen's life and health. And we should moved it to the crime of negligently injuring another seriously in the system,maintaining the logical consistency of the crime system. In addition, we should rewrite "an obligation to maintain" to "protection obligations" in relevant regulations. According to the theory of pure omission crime,the content of protection obligation should be defined two aspects: First,the protection obligation based on closely life community is directly by the criminal law; Second, the obligation stipulation in other law confirmed by the criminal law. Including the protection obligation based on the maintenance obligations specified in the "marriage law", and the protection obligation based on the professional norms regulated in the administrative rules and regulations, and the protection obligation based on salvation regulation of vulnerable groups in civil laws and regulations.