Research On The Punishment Of Attempted Instigates -the Problem And The Consummation On The Second Paragraph Of Article 29 In The Criminal Law Of PRC

In the practical life,women and children are easily being the object that criminals against because of their weak prevention and protection.Buying abducted women and children is a serious social harm behavior.It not only infracts women and children’s physical safety and personal freedom,but also destroys the happy family and social stability.If there is no buying,there will be no selling.All transactions are derived from demand.However,in our law and judicial practice,people always only focus on sellers and ignore buyers.So community demands stern punishment for buyers.China’s Criminal Law Amendment Nine aggravates the crime of buying abducted women and children.It not only satisfys the aspirations of the masses,but is the progress of China’s rule of law.But when we aggravate the crime,there is still a lot of controversy in identifying the crime of buying abducted women and children.The author in the text mainly talks about his own views on the identifying of the crime of buying abducted women and children.So that we can correctly and reasonably identify and deal related cases.Text of this paper is divided into five parts:The first part is the present situation analysis of the crime of buying abducted women and children.Analyze the present situation of this crime from legislation judicature and theory. And put forward the controversy on the existence of this crime.In order to have an overall grasp of the crime.The second part is the problem that whether it constitutes the crime in some situations.Mainly analysis four questions:It has deliberately bribed,but the other misses appointments,whether it constitutes the crime; Whether buying motives affect the establishment of this crime;Victim commitment on the establishment of this crime;the difference between the crime and paying property for introduction marriage or adopted children.Having a more clear understanding for some easily confused with the behavior of the crime. The third part is the difference between the crime and the other crimes.Mainly analysis the difference between the crime and the crime of trafficking in women and children,the crime and the crime of child abduction,so as not to be confused with other crimes.The third part is the problem of the number of crimes of the crime.Mainly analysis three stuations:abetting or helping others to trafficking in women and children for buying;Doing rape or illegal detention and other acts to the victims after buying,then selling them again;A recognition of the behavior of buying a number of women and children.It is the establishment of a crime or several crimes,according to the specific circumstances of a comprehensive analysis.The fourth part is the problem of common crime of the crime.This section mainly discusses two problems:the qualitative of the behavior of providing proof of residence,birth certificate and other helping behaviors to criminals.The author supports Theory of Restriction Dependence,which is common crime doesn’t subordinate the responsibility;The identification of the behavior of introduction of women and children in the sale.Specific cognizance needs sub situation solution. The fifth part is the problem of the number of crimes of the crime.Mainly analysis three stuations:abetting or helping others to trafficking in women and children for buying;Doing rape or illegal detention and other acts to the victims after buying,then selling them again;A recognition of the behavior of buying a number of women and children.It is the establishment of a crime or several crimes,according to the specific circumstances of a comprehensive analysis.