Reinterpretation Of The Crime Of Abandonment Under Current Laws In China

As a traditional type of crime,crime of abandonment has long been regarded as a crime committed among family members.And the legal interest in abandonment crime protection is the right of abandoned people to be dependent in the family.However,the rapid development of our society,the advancement of science and technology and the advancement of transportation,the close contact among people,the abandonment of non-family members and the non-fulfillment of aid obligations have taken place.This poses a challenge to the traditional theory.In this regard,some scholars think that since the existing criminal law deleted the chapter of "Crimes against Marriage and Family" and transferred the crime of abandonment to the crime of "encroaching upon citizens' personal rights and democratic rights",the same kind of object of abandonment is no longer a family The scope of the relationship,then the abandonment of crime as a crime among family members will make it and their own position changes contradictory.Moreover,the progress of society has driven the continuous improvement of the law,and corresponding explanations of the same era must also be made for the crime of abandonment.That is,the legal interests of protection are the lives of others and the safety of the body.Only in this way can the purpose of the criminal law be further highlighted and the requirements of the development of the society.The criminal law's provisions on abandonment of sin and its incompatibility with theory and practice often make some cases fall into the dilemma of trial.In order to solve the related problems in the judicial practice,this article starts with the interpretation of the legal benefits of abandonment crime,discusses the current criminal law provisions on abandonment and the different understanding of its nature from the theoretical circles,and then illustrates the problems existing in judicial practice.Comparing with the legislation and knowledge of foreign countries(regions)on the crime of abandonment,it is concluded that it is important to change the law of the protection of the crime of desertion and to use this legal interest as a guide to reinterpret the crime of abandonment in China.The first part expounds the current legal status of abandonment in our country.First of all,by analyzing the legal provisions of abandonment crime and its position changes in the criminal law,it is difficult to grasp the original intent of the legislation and the absence of judicial interpretation so that there is no clear theoretical guidance for abandoning the crime.Secondly,The three views on the legal benefits of abandonment are the family dependency rights of abandoned people,the rights to life and health of others and the general right to support.Finally,the enumeration of real cases shows the current dilemma of the current abandonment crime in our country,Thus demonstrating the practical significance of reinterpreting the crime of abandonment.The second part Introduce the legislative provisions and academic understanding of the crime of abandonment outside the domain.Through combing and comparing the provisions of the crimes of abandonment in Germany,Japan,and Taiwan,as well as theoretical discussions,we will explain the extraterritorial understanding of the benefits of the protection of abandonment crime.The third part is reconstruct the constitution of the crime of abandonment.Describe the legal benefits of abandonment protection for others life,physical safety and rationality.Guided by this legal benefit,the constitution of the crime of abandonment(subject,object,mode of conduct and the content and source of the obligation of maintenance)should be reinterpreted.The fourth part is about the understanding of other important issues related to the crime of abandonment.Analysis of the dangerous nature of the crime of abandonment;explain the problem of accomplice of abandonment crime;and clarify the definition of the crime of intentional homicide and abuse in the judicial practice between the crime of abandonment and the common and difficult crime.