The Research On Legal Interest Of Crime Of Abandonment

The concept,legal interest,generally refers to the interest protected by the law.How to define the legal interest of crimes will exert a direct influence on conviction and sentencing for a criminal act.The argument about the legal interest of crime of abandonment has never stopped in theoretical circles of criminal law and juridical practice,which gets even heated since the chapter of crime of abandonment was changed in 1997.Meanwhile,the social problems,emerging one after another during the period of social transformation with the social development,put forward new challenges to the problems of legal interest of crime of abandonment.For instance,the problem,how to deal with the crime of abandonment among non-family members happening frequently in juridical practice,is urgent to be resolved.The paper will focus on legal interest of crime of abandonment and expand discussions.Based on the current social situation and related theories abroad,the paper defines legal interest as right of life and health of dependents,expecting to solve relevant problems in juridical practice properly.The first part introduces the dispute between scholars about the legal interest of crime of abandonment.In the first place,the paper presents three kinds of disputes regarding to the legal interest of crime of abandonment in theoretical circles of criminal law,namely the canon of right to be maintained of family members,the canon of right of life and health of dependents and the canon of general custody;moreover,it describes the relevant legislative stipulation of civil law system and Anglo-American law system to illustrate the views on legal interest of crime of abandonment abroad;at last,the paper fingered out the improvement of refining the protecting the legal interest of crime of abandonment by systematical analysis.The second part discusses the necessity to change protecting legal interest of crime of abandonment of China’s criminal laws.This part focuses on three aspects.Firstly,it is the system of criminal law and value which covers the consistency of legal system,showing the value of justice of criminal law and highlighting the legal interest protection mechanism;secondly,the author explains the need to make changes after studying all the legal interpretations and finds it cannot match with the demand of the practices;finally,the author demonstrated the point from practical necessity of social transformation,consisting of the transformation of the aged care mode,left-behind child’s education,family affairs,co-habitant patterns and travel ways.The third part mainly introduces the influence that is exerted on other crime constitutions by the change of legal interest of crime of abandonment.To be specific,this part will present the influence that is exerted by the change of legal interest of crime of abandonment from three aspects: subjects of the crime of abandonment,objective aspects,including objects and behavior,especially obligations source of offenders and subjective aspect and subjective aspects.The forth part,which is based on the influence that is exerted on other crime constitutions by the change of legal interest of crime of abandonment and meets the demands of social development,makes suggestions on reforming legislation and re-constructing it so as to better guarantee dependents’ rights of life and health.