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The crime of abandonment study

Author: ShangLiZhun
Tutor: LiFangXiao
School: China University of Political Science
Course: Criminal Law
Keywords: The crime of abandonment Support obligation Object of a crime Omission constitutes intentional homicide
CLC: D924.34
Type: Master's thesis
Year: 2006
Downloads: 224
Quote: 2
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Abstract

Did not occur any changes because of the provisions of the Penal Code, the crime of abandonment, from the text view, and the offense in the 1979 criminal law provisions in Chapter VII hinder marriage, family sins chapter in which the offense has been interpreted as within the family the subject and object of the crime, the crime of being confined to the family. However, the Criminal Code in 1997, the entire impede marriage and family crimes to Chapter IV of the new Penal Code, violation of civil rights, democratic rights crimes canceled hinder marriage, family crimes chapter. After this, the interpretation of sin through that are still used in the previous point, the offense is limited to family relationships. On the basis of the actual effects of the current judicial practice, combining the basic theory of the criminal law, and that the offense should be a breakthrough to the family outside the scope, but the abandoned sins object is still doing crime and punishment under the legal principle of carefully defined, rather than according to criminal law of other countries and regions of the object of the crime of desertion class life and health danger to blindly follow. In this paper, by the introduction, body and conclusion. Body was divided into four parts, about 30,000 words, the body the probably structure and content as follows: The first part of the crime of abandonment in the previous change and the history of the draft penal code combing, as well as the crime of the current theory Research were investigated to provide a platform and foundation for the following specific research. The second part, a brief introduction to other countries and regions of the provisions on the crime of abandonment, focuses on Germany, Japan, China, Taiwan, the legislative status quo and theoretical studies. Obtained by analyzing the conclusions in these countries and regions, the crime of abandonment is not strictly limited in family relations. The third part, through the analysis of the current provisions of the crime of abandonment that the limit of the sins in the family relationship has no legislative basis and theoretical basis, but also hindered the offense and play in the practice. The possibility of re-interpretation of the crimes. By analyzing the judicial practice of the Supreme People's Court to collect real case Casebook, to demonstrate that the explanation of the theory of criminal law on the crime of abandonment has been unable to guide practice, the need for a re-interpretation of the sin. The fourth part, based on previous studies of the sin involved six important issues re-interpretation and definition. Including: (1) the definition of the crime of abandonment subject matter. That the object of the offense can not be defined as to cause danger to the life and health of others, and the rights of dependents; (2) \That the extent of the support obligation requirements vary according to different situations; (3) understanding of \That there is no capacity for independent living is not the same as self-help capabilities; (4)

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