Desertion of Obligor on Criminal Law and Its Articles of Application by Elimination

碩士 === 國立臺北大學 === 法律學系一般生組 === 99 === This thesis studies desertion of obligor and its articles of elimination. By discussing desertion of obligor and the legislative process of articles 294-1, this research analyzes the relationship between article 294 and 294-1 on criminal law. Therefore, this...

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Bibliographic Details
Main Authors: Lu, Yi-Hsuan, 陸怡璇
Other Authors: GAN, TIAN-GUEY
Format: Others
Language:zh-TW
Published: 2011
Online Access:http://ndltd.ncl.edu.tw/handle/62566463468797934711
Description
Summary:碩士 === 國立臺北大學 === 法律學系一般生組 === 99 === This thesis studies desertion of obligor and its articles of elimination. By discussing desertion of obligor and the legislative process of articles 294-1, this research analyzes the relationship between article 294 and 294-1 on criminal law. Therefore, this thesis begins with the discussion of legislative goal of obligatory desertion, and moves on to discuss its kind and elements-the duty of support between parents and child on civil law in particular. In chapter 3, the thesis introduces the background of legislation and different drafts about article 294-1 on criminal law, and analyzes different opinions and controversial issues. After amending the criminal law in 2010, for negative desertion behavior, obligors having support obligations from civil law can eliminate the application of desertion. In chapter 4, this thesis discusses the nature of article 294-1 on criminal law, starting from basis of theories, and then inferring every kind of possibilities. Finally, according to discussions above, this thesis concludes with offering personal opinions and discussions.