Research On The Problem Of Abandonment Crime From The Perspective Of Legal Interest

As a traditional crime,the crime of abandonment has been in China for a long time.Based on the influence of our traditional culture,the crime of abandonment has been limited to family members in the theory of criminal law and judicial practice since the beginning of legislation,and the source of the obligation to support comes mainly from the relevant provisions of the Marriage Law.This is not very controversial before the position of the abandonment crime is changed and the subject of abandonment crime is a special subject.However,in 1997,the Criminal Law deleted the chapter on crimes against marriage and the family,and the crime of abandonment was included in the chapter on infringement of the rights of the person and democratic rights of citizens.This led to the conflict between the protection of legal interests and the interpretation of the criminal law system in China.In addition,with the rise of social welfare homes,nursing homes and other institutions,the subject of support obligations has become more diversified,and then the family is no longer the only subject of support,and cases of abandonment of non-family members have become more and more frequent in judicial practice.According to the existing legal provisions,the above-mentioned acts do not constitute a crime of abandonment and in judicial practice,some courts treat such cases as intentional killings.But the refusal of maintenance between non-family members is also an act of abandonment fundamentally.The main reason for these problems is the improper understanding of the legal benefit of China's abandonment crime.Based on this,case analysis,legal analysis and other research methods are used to analyze the theory and social reality of abandonment crimes in China,and the legislation of foreign countries on abandonment crime have been drawn to accurately define the real legal benefits of China's abandonment crime protection.For the true protection of legal interests,the author makes clear the source and connotation of the obligation to support theabandonment crime and hopes to have a certain reference to the development of the abandonment crime in our country.