Those who meet the following conditions shall be recognized as abandoned family members:
1. Objectively, it refers to the behavior of refusing to support old, young, sick or other family members who are unable to live independently, and the circumstances are abominable.
2. The person who commits abandonment is a person who has the legal obligation to support the abandoned and has the ability to support them.
3. The actor's subjective aspect is intentional.
Article 261 of the Criminal Law stipulates that anyone who refuses to support an old, young, sick or other person without the ability to live independently because he has the obligation to do so, if the circumstances are flagrant, shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance.
Article 44 of the Marriage Law states that the victim has the right to make a request for abandoning a family member, and the neighborhood committee, villagers' committee and the unit to which he belongs shall dissuade and mediate. If the victim makes a request for abandoning a family member, the people's court shall make a judgment on the payment of alimony, upbringing and support according to law.