遗弃罪之再探析

Rethinking of Crime of Abandonment

刑法典修订以后 ,遗弃罪从妨害婚姻、家庭罪调整至侵犯公民人身、民主权利罪中。新刑法典规定的遗弃罪 ,无论是从我国现行法律体系 ,还是从社会实践来看 ,已不宜再将其理解为仅仅在家庭成员之间 ,而应理解为具有广义扶养义务的公民之间的犯罪。因而 ,对遗弃罪的若干犯罪构成要件应重新认识。

New code of criminal law in 1997 transferred the crime of abandonment from the chapter on crimes of interference with marriage and family to the chapter on crimes of violating the citizens' right of the person and democratic rights. Looking from the current law system and the social practices,it is no longer reasonable that we still confine the crime to the family relationship. It should be the crime of violating the maintenance among citizens. Some requisites to constitute the crime of abandonment have new meanings, so we should consequently renew our opinions.