Research On Some Problems Of The Crime Of Trafficking In Women And Children

Although our country criminal law the target of criminal offense of trafficking in women, children, provision for children under the age of around 10 and has reached the age of around ten women, but in the historical evolution, the crime criminal law to protect the legal interests is the rights of the people from buying and selling, but human trafficking crimes since the provisions of the victim in the mostly women and children, so the criminal law in 1997 to be modified to trafficking in women and children, but can’t because of this modified criminal law, and denied, bisexual men trafficked can escape the legal sanctions, the provisions of the criminal law shall be determined to human trafficking sin. For indeed due to family economic difficulties, unable to rear biological children, sent the people to raise, shall, according to whether the actor has to consider the adopter ability raise, raise the, children growing environment and other factors to determine whether the person under the guise of the name of "adoption" betray their own children, rather than simply charging the adopter money to give judgment behavior person.Practice over limit in the case of an accomplice, should be implemented to limit the behavior of human behavior and not the implementation of district conduct excessive activity separately, to limit the behavior the behavior of the individual crime,a combined punishment for several crimes. At the same time, according to the part of the implementation of all liability,they bear the criminal responsibility of the harmful consequences are caused. In addition, we should also recognize the help, with danger, will help, the behavior of people identified asaccessory accomplice, according to its processing.In judicial practice, the criminal shall be started in advance to prepare for the implementation of trafficking in women and children’s behavior crime tools, familiar with the route of crime, contact the buyer behavior cognizance of this crime preparation; Will the criminal subjective think this can successfully abduction of the victim but voluntarily choose to give up the implementation of the criminal behavior as discontinuation of a crime of this crime; "Will sell" the victim as the accomplished and attempted to distinguish the standard of this crime.Criminal law considering the "adultery abducted and sold women" and "lure, forced abducted and sold women" these two kinds of situations in the process of trafficking with concurrency, along with the gender, so the two cases ruled out for the crime of rape, tempted to engage in prostitution, forced prostitution and the possibility of combined punishment for several crimes, crime and rules for the aggravating punishment of this crime, improve the sentencing range, is beneficial to increase the crackdown on crime. Sell abducted and sold women make up the "forced it to engage in prostitution" that requires the implementation of the trafficking actor after knowing the buyer buying abducted and sold women will force it to prostitution.The object of the crime of kidnapping includes the rights of the person, there are violations of the victim’s property rights; the crime of abducting and trafficking in women and children is the dignity of the victim. The kidnapping crime act to threaten the relatives of the victim or other artificial means to obtain illegal interests; the crime of abducting and trafficking in women and childrens’ behavior by the victim obtain illegal interests sold. The crime of fraud is the behavior through the use of deception fictional facts or hiding the truth, so that the victim in the understanding of the error, so that the victim’s "voluntary" disposal of property. The crime of abducting and trafficking in women and children is the behavior through the implementation of abduction, kidnapping, buying, trafficking and other means the victim will be sold to others. The object of the crime of fraud can be anyone, including women and children, including adult male and bisexual people. The object of the crime of trafficking in women and children, the crime only women and children.