家事法领域中“遗弃”认定问题之解析

Analysis of Issues Concerning Identification of "Abandonment" in the Field of Law on Family Affairs

遗弃的认定,是家事法领域乃至民事法领域的重要问题。目前有不少关于遗弃罪的研究,而对作为遗弃罪基础概念的遗弃却鲜见全面系统的探讨。在根据实际案例并结合理论进行深入分析后,可以发现目前对遗弃的认定有着诸多模糊不清之处,其指向很多值得研讨的问题,比如遗弃到底是行为还是结果、遗弃的行为人主体是否应当扩大、遗弃的排除事由有哪些等。在家事法领域对遗弃认定的普遍观点的基础上,尝试分析并解答一些具体问题,力图为遗弃认定的学理界定和司法适用提供思路。

The identification of ＂abandonment＂ is an important issue in the field of law on family affairs or civil affairs. Though lots of studies on crime of abandonment exist st present, there are few comprehensive and systemic discussions on abandonment, the fundamental concept of crime of abandonment. After the deep analysis of practical cases combined with the theory, it is found out that abandonment is vaguely identified in stone aspects,and there are stone problems worthy discussing,such as what abandonment belongs to,a kind of act or result,whether the scope of action subjects of abandonment should be enlarged, and what are causes for exclusion of abandonment. On the basis of eun＇ent theory about ＂abandonment＂ in the field of law on family affairs, the paper tries to analyze and answer some specific question, and provide thoughts for academic definition and judicial application of identification of abandonment.