Font Size: a A A

Trafficking In Women And Children Of Crime And Legislative Perfection

Posted on:2011-01-01Degree:MasterType:Thesis
Country:ChinaCandidate:R R FengFull Text:PDF
GTID:2166360308453778Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Trafficking in women and children, is a means for the purpose of selling, abduction, kidnapping, buying, selling, transfer, transit, women and children. At present, the human trafficking crime, despite repeated prohibitions, one of the reasons is the new "criminal" under the legislation of this crime, there are still shortcomings. This article from our trafficking of women and children constitute the elements of the crime of starting to explore the various elements of the controversial issues that exist and make the author's own point of view, and further analysis of trafficking in women and children, the crime of defects and improve the proposed legislation. Full-text is divided into six chapters.Chapter I: trafficking in women and children, the object of the crime. Citing the assessment of criminal law in this chapter on the various objects of this crime based on the ideas come to the conclusion that the object of this crime are women, children, human rights can not be traded. People from both sexes, illegitimate children could be able to start the object-oriented analysis of the crime of this crime, the provisions of the object at the crime problems in and on this basis, a complete set of recommendations.Chapter II: trafficking of women and children, the objective aspect of the crime. This chapter of "trafficking" has the meaning on the basis of an overall grasp the detailed analysis of the "abduction" "kidnapping" "buy" "sell", "transfer" "transfer" and the meaning of a specific behavior. Analysis of the Criminal Code also scholars of "this crime," the objective aspect of whether the victim's will against the premise of the contents of the various views, that the objective aspect of crime victims not to be contrary to the will as a precondition.Chapter III: trafficking in women and children, the main body of the crime. This chapter begins from the perpetrator and the victim to start analysis of the relationship between the perpetrator and the victims of the existence of kinship can not hinder the criminal responsibility of the perpetrator. Secondly, the perpetrator of criminal responsibility from the point of starting, demonstration reached the 14 years of age under 16 years of age can not be the subject of this crime. Chapter IV: trafficking in women and children, the subjective aspects of the crime. This chapter discusses the subjectively of this crime can only be intentional and must be guided directly for the purpose of selling.Chapter V: trafficking in women and children, crimes of crime. This chapter discusses the trafficking of women and children for the acts of the crime committed, the crime consummated does not require criminal goal as well. In addition, also pointed out that this crime is to continue to commit, acts against the state in the object and the behavior of the object itself against continuing to participate in this crime, when you can constitute complicity in this crime.Chapter VI: Trafficking of women and children perfect crime legislation. The improvement of the crimes in this chapter has suggested that trafficking in women and children, the crime should be removed restrictions on the object of crime and restore the provisions of the crime of trafficking in human beings. Abolish the "death penalty" to set the penalty. The maximum penalty commuted to life imprisonment.
Keywords/Search Tags:trafficking in women and children, guilty of the crime of trafficking in human, beings act
PDF Full Text Request
Related items