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遗弃罪属于人民法院直接受理的自诉刑事案件,这类案件由谁起诉,值得探讨。在审判实践中,主要存在以下几种观点和做法:第一种观点:主张婴儿作自诉人,妇联作法定代理人。他们认为,遗弃罪是自诉案件,应由受害者本人作原告人,由于婴儿无行为能力,而其法定代理人——父母又是犯罪主体,已丧失代理资格,故应由保护妇女儿童合法权益的专门团体——妇联专门代理。第二种观点:主张婴儿作原告人,民政局作法定代理人。他们认为,民政局是专门收容、抚养弃
Abandonment is a criminal case of private prosecution directly accepted by the people’s court. It is worth discussing who prosecutes such cases. In trial practice, there are mainly the following views and practices: The first is the view that infants should be prosecutors and women’s federations as their legal representatives. In their view, abandonment is a case of private prosecution and should be made plaintiff by the victim himself. Due to his incapacity and his legal representative, his parents, who are the subject of crimes, have lost their eligibility, they should be protected by protecting the legitimate rights and interests of women and children Specialized groups - Women’s Federation special agent. The second view: Advocate baby as plaintiff, Civil Affairs Bureau as the legal representative. They think that the Civil Affairs Bureau is specifically for housing and raising abandoned