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The crime of abandonment study

Author: ZhaoChengLing
Tutor: DongYuTing
School: Heilongjiang University
Course: Criminal Law
Keywords: deserted criminal supporting responsibility family members
CLC: D924.3
Type: Master's thesis
Year: 2009
Downloads: 112
Quote: 4
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Abstract


Deserted Crime varied it’s position in the two different editions of criminal law published in 1979 and in 1997 , which is not the reasonable and sufficient reason to suspect the tradditional theoretical explanation of it. A large quantity of deserted cases happening in practice give an dynamic impetus to the complete elaboration of this law. At present, the legislation of Derserted Crime in China claims that the objects of Derserted Crime are complex ones, whose right of being supported was first infringed by the deserted conduct. And meanwhile the deserted behavoir also impinge on the victims’rigthts of security, health and even life. With the development of human civilization , social support for the old is becoming a tendecy. The supporting responsibility should not be legislated only according to the marriage law and also the objects of the main deserted behaviour should not be just confined to the family members. Only when the supporting rights and duty exist among litigants, are they in duty bound to support or being supported. Suppose one of a couple committed suicide, the other side ignored his or her behaviour or even refused to give any help. In this case, it will be coincident to the citizens concious and trust of laws to treat the behavior as Deserted Criminal rather than a intentional murder. Moreover, such legislation can contribute to predicting cilvil’s own behaviour. It is just a good excuse to make an elaboration for the law while it applying to the situation. It is necessary to modify the missled in time in order to the explict principle. Compared with this Deserted Crime in Japness and Germany’s law, the content of the Deserted Crime in China is abviously unsuffient. I recommond here that the experts should set scientific legislation for the general deserted crime and the deathed caused by deserted behaviour.

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