Identification Of The Victims Of The Crime Of Abducting And Trafficking In Women And Children

Crime of abducting and trafficking in women and children is a new charge created to substitute crime of abducting and trafficking in people, the modification of which is related to social and historical reality at that time. However, with the development of the society, this charge is lagging behind the times. As prescribed by Criminal Law of China, the object of this crime is women and children, but the definition of women and children is quite ambiguous, which is quite different with other countries and the International Law and lead to many difficulties in defining age and extraditing suspects when multinational abduction and traffic in people occurs. Furthermore, there are more and more cases of abducting and trafficking in males, hermaphrodites and transgenders and people with mental disabilities, all these people are not protected by current Criminal Law which decreased the effect of fighting against crimes of abducting and trafficking in legal practice. Thus, there’s an urgent need to amend the crime of abducting and trafficking in women and children.This essay is divided into five parts: Chapter 1, illustrating the deficiencies and problems of current provisions of the crime of abducting and trafficking in women and children by adducing evidences of real-life cases, then pointing out the legislative reasons why these deficiencies and problems are only existing in present stage through reviewing the legislation process of this charge in subsequent content. Chapter 2, through the discussion about abducting and trafficking in males, people with gender abnormality and people with metal disabilities to analyze the problems in identifying the victims of the crime of abducting and trafficking in women and children. Chapter 3, analyzing the rechtsgut of the crime of abducting and trafficking in women and children to demonstrate that “consent of the victims” shall be considered during the measurement of penalty instead of impacting the condemnation directly. Besides, to prove the feasibility of legislative amendments in Chapter 4 by comparing the rechtsgut of the crime of abducting and trafficking in people with the crime of abducting and trafficking in women and children. Chapter 4, to put forward the necessity of legislative amendment as well as specific suggestions in accordance with aforesaid problems in the crime of abducting and trafficking in women and children. Chapter 5, as a conclusion of the whole essay, we should re-adopt the charge of crime of abducting and trafficking in people to expand the scope of objects of the crime of abducting and trafficking.