| 单词 | desertion | ||||||
| 释义 | desertionde·ser·tionD0158200 (dĭ-zûr′shən)desertion(dɪˈzɜːʃən)de•ser•tion(dɪˈzɜr ʃən)n.
desertiondesertionnoundesert1(diˈzəːt) verbdesertiondesertion,in law, the forsaking of a station involving public or social duties without justification and with the intention of not returning. In military law, it is the abandonment of (or failure to arrive at) a place of duty without leave; in time of war, especially in the face of the enemy, desertion is punishable by death. In maritime law, a seaman who abandons a ship without leave is rendered liable to damages and forfeits the wages he has already earned. In family law, desertion is the willful abandonment by one spouse in a marriage, without the consent of the other. The refusal to renew cohabitation without justification is also considered desertion, and in some states of the United States, mere abstinence from sexual intercourse is considered such. The refusal by a husband to support his wife has been regarded as desertion if he has the means to support her. In most states, desertion continued for a certain period is grounds for divorcedivorce,partial or total dissolution of a marriage by the judgment of a court. Partial dissolution is a divorce "from bed and board," a decree of judicial separation, leaving the parties officially married while forbidding cohabitation. ..... Click the link for more information. . In the modern, no-fault divorce, desertion is not recognized, although the marital partners may have been living apart prior to the divorce. Desertionaccording to Soviet criminal law, one of the most serious military crimes which interferes with the staffing of the armed forces of the USSR. It involves evasion by citizens of the USSR of their performance of constitutional duties to defend and protect the socialist homeland. Abandoning a military unit, or any other duty station where a serviceman is supposed to be, for the purpose of evading military service is considered to be desertion, as is failure, for the same purpose, to report to a unit or duty station when assigned, transferred, or returning from detached service, leave , or a medical institution. The length of time spent away from the military unit or duty station where the serviceman is supposed to serve is not important for the institution of criminal proceedings; in this instance the most important thing is the purpose, to evade military service. Desertion is a crime in which the guilty person is in the state of committing the crime from the moment of abandoning the duty station and throughout the entire period of time spent illegally away from the military unit. Therefore, the statute of limitations in criminal cases, amnesty, and pardon are not applicable here. Desertion is punishable by a deprivation of freedom for a period of three to seven years, and desertion by officers or persons in military service beyond the regular term punishable by deprivation of freedom for five to seven years. Harsher punishment, all the way to the death penalty, is provided for by law for desertion in wartime (for example, the Criminal Code of the RSFSR, Art. 247). N. I. ZAGORODNIKOV In the military criminal law of the other socialist countries desertion is one of the most dangerous types of evasion of military service. The law of most of these countries (Bulgaria, Hungary, the German Democratic Republic [GDR], the Mongolian People’s Republic, Czechoslovakia, Yugoslavia) defines desertion as abandonment by a serviceman of his military unit (or duty station) or failure to report to the military unit (or duty station) with the intention of evading the obligations of military service completely. In Rumanian law the length of time spent away from the unit is the basis for the concept of desertion. Desertion is considered more serious if it is done during wartime or in a combat situation (Bulgaria, Hungary, the GDR), by an officer (the GDR), by a group of persons (Hungary, the GDR), carrying off a weapon (Hungary, the GDR), using or threatening to use force (the GDR), or for the purpose of fleeing from one’s country or not returning to it (Hungary, the GDR, Czechoslovakia, Yugoslavia). The punishment for desertion depends on the circumstances of the case. Administration of the death penalty is permissible for desertion committed during wartime or in a combat situation. In a number of instances preparation to desert or an attempt to desert is punishable, as are sheltering deserters and failure to report desertion (for example, in Hungary). Unlike the criminal law of the USSR and the other socialist countries, the military criminal law of the imperialist states defines desertion more broadly, introducing additional and qualifying features for this crime. The political connotations are obvious in criminal law that defines responsibility for desertion according to the 1969 US Uniform Code of Military Justice (art. 85), the British Army Act of 1955 (sec. 37), or the 1965 Code of Military Justice of France (arts. 378-393), which include responsibility for evasion of the performance of “important work,” “dangerous duties,” and “service abroad,” that is, essentially for evading participation in punitive or other police actions both within the country and beyond its borders. In the Federal Republic of Germany any unauthorized absence from the unit is considered desertion (par. 16 of the Law on Military Crimes of Mar. 30, 1957). As a rule, in addition to long periods of penal servitude or the death penalty (during wartime), supplementary punitive measures are administered for desertion: fines, forfeiture of pay and allowances (the USA, France, Great Britain), and dishonorable discharge from the service (the USA, Great Britain). The last two types of punishment include deprivation of civil rights, loss of all privileges established for veterans, and so on. By establishing severe punishments for desertion the imperialist states are trying to slow down the growing number of instances of desertion in their armed forces, a reflection of the servicemen’s protest against the aggressive policies of the state. In the USA, for example, desertion in the army increased sharply (almost doubled) during the aggression in Indochina (in the 1960’s and 1970’s). This included desertion for political reasons. E. V. PROKOPOVICH and A. A. VIKHROV desertionDesertionThe act by which a person abandons and forsakes, without justification, a condition of public, social, or family life, renouncing its responsibilities and evading its duties. A willful Abandonment of an employment or duty in violation of a legal or moral obligation. Criminal desertion is a husband's or wife's abandonment or willful failure without Just Cause to provide for the care, protection, or support of a spouse who is in ill health or necessitous circumstances. Desertion, which is called abandonment in some statutes, is a Divorce ground in a majority of states. Most statutes mandate that the abandonment continue for a certain period of time before a divorce action may be commenced. The length of this period varies between one and five years; it is most commonly one year. The period of separation must be continuous and uninterrupted. In addition, proof that the departed spouse left without the consent of the other spouse is required in most states. Ordinarily, proof of desertion is a clear-cut factual matter. Courts generally require evidence that the departure was voluntary and that the deserted husband or wife in no way provoked or agreed to the abandonment. Constructive desertion occurs when one party makes life so intolerable for his or her spouse that the spouse has no real choice but to leave the marital home. For an individual to have legal justification for departing, it is often required that the spouse act so wrongfully as to constitute grounds for divorce. For example, a wife might leave her husband if she finds that he is guilty of Adultery. In desertion cases, it is not necessary to prove the emotional state of the abandoning spouse, but only the intent to break off matrimonial ties with no animus revertendi, the intention to return. Mere separation does not constitute desertion if a Husband and Wife agree that they cannot cohabit harmoniously. Sexual relations between the parties must be totally severed during the period of separation. If two people live apart from one another but meet on a regular basis for sex, this does not constitute desertion. State law dictates whether or not an infrequent meeting for sexual relations amounts to an interruption of the period required for desertion. Some statutes provide that an occasional act of sexual intercourse terminates the period only if the husband and wife are attempting reconciliation. Unintentional abandonment is not desertion. For example, if a man is missing in action while serving in the Armed Services, his wife may not obtain a divorce on desertion grounds since her spouse did not intend to leave his family and flee the marital relationship. The Common Law allows an individual to presume that a spouse is dead if the spouse is unexplainably absent for a seven-year period. If the spouse returns at any time, the marriage remains intact under common law. Laws that embody the Enoch Arden Doctrine grant a divorce if evidence establishes that an individual's spouse has vanished and cannot be found through diligent efforts. A particular period of time must elapse. Sometimes, if conditions evidencing death can be exhibited, a divorce may be granted prior to the expiration of the time specified by law. In some jurisdictions, the law is stringent regarding divorce grounds. In such instances, an Enoch Arden decree might be labeled a dissolution of the marriage rather than a divorce. Upon the granting of an Enoch Arden decree, the marriage is terminated regardless of whether or not the absent spouse returns. Generally, the court provides that the plaintiff must show precisely what has been done to locate the missing person. Efforts to find the absent spouse might include inquiries made to friends or relatives to determine if they have had contact with the missing spouse, or checking public records for such documents as a marriage license, death certificate, tax returns, or application for Social Security in locations where the individual is known to have resided. Desertion is frequently coupled with non-support, which is a failure to provide monetary resources for those to whom such an obligation is due. Nonsupport is a crime in a majority of states but prosecutions are uncommon. desertionn. the act of abandoning, particularly leaving one's spouse and/or children without an intent to return. In desertion cases it is often expected that a deserter who is the family breadwinner may not intend to support the family he/she left. Such conduct is less significant legally in the present era of no-fault divorce and standardized rights to child support and alimony (spousal support). Desertion can influence a court in determining visitation, custody and other post-marital issues. desertionin both English and Scots family law, the unilateral act (usually but not necessarily by leaving the marital home) of one spouse, without the consent of the other, intended to bring cohabitation to an end. Desertion usually involves one spouse physically leaving the matrimonial home, although this is not strictly necessary if all elements of a shared life have ceased. Desertion may be actual or constructive; the latter occurs where one spouse behaves towards the other in such a way that the other is driven to leave. To constitute a ground for divorce, in both jurisdictions, desertion must be followed by two years of non-cohabitation. It seems likely this ground will be departed from in Scotland.DESERTION, crim. law. An offence which consists in the abandonment of the public service, in the army or navy, without leave. DESERTION, torts. The act by which a man abandons his wife and children, or either of them. DESERTION, MALICIOUS. The act of a husband or wife, in leaving a consort, without just cause, for the purpose of causing a perpetual separation. Vide Abandonment, malicious. desertion
Synonyms for desertion
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desertion - withdrawing support or help despite allegiance or responsibility; "his abandonment of his wife and children left them penniless"
desertion - the act of giving something up