Research On The “pro-sale” Behavior Of Trafficking In Women And Children

In the juridical practice of attacking the crime of trafficking women and children,there is a special act called "selling offspring" that should be paied more attention. "Selling offspring"means parents sell their biological child or children. The appearance of "selling offspring" does not grow out of modern socity, but "selling offspring" in the crime of women and children haps occurred constantly in the present society in China. In some areas,the act of "selling offspring"even is more than half of the total of trafficking women and children. Judicial practice and academic circle have to attach importance to the serious situation of "selling offspring". Based on the point of "selling offspring",the article discusses relevant questions in the field of "selling offspring" in the crime of trafficking women and children.This artice will be divided into four parts to study the act of "selling offspring". In the first part, the basic summary of the crime of trafficking women and children will be introduced. First,the legislative evolution of the crime of trafficking women and children is going to be put in order,and by taking this job to analyse the legislative attitude towards the crime of trafficking women and children. Then the phenomenon of "selling offspring" will be considered in the view of macroscopic view, in order to analyse potentially reasons of "selling offspring". In the second part,the article will make a detailed interpreting of "selling offspring". The connotation of "selling offspring" will be expressed,and the characteristics of "selling offspring" will be summed up. In the third part, the article will study the legislation and rules about "selling offspring". Through the work of summary of relevant legislation and rules, the "selling offspring" will be deep analysed.In the forth part, the article will have a research on judicial judgement about the "selling offspring". In this part, it begins with some judicial precedents, and makes a distinction between the crime of abandonment and individual adoption. At the same time, the standard of trafficking women and children, abandonment and individual adoption will be proposed. In the end, the quality of crime concerned with "selling offspring" will be discussed .