Study On The Crime Of Buying Abducted Women And Children

The issue of women and children trafficking has existed in our country since ancient times,especially in the remote rural areas of our country,because of the serious feudal thought,and people's legal awareness is generally not high,so it was easier to induce such crimes.Although these incidents have reduced significantly in recent years under the severe law enforcement of our country.However the interest drive will still attract some lawless elements onto the road of crime which leads to trafficking of women and children.Nowadays,more and more cases of trafficking are reported on the Internet.The consequences of trafficking of women and children leave their families devastated.Many people detest the traffickers,but also the buyer's market derives attention to the fact that there are traffickers who are desperate.In the final analysis there's still someone to buy,and many people to put forward with it."Buy and sell" with the voice of sin,but the buyers and the traffickers of the subject are vicious or have the essence of difference,so it is more scientific to look at the buyers market.This article first discusses the legislative development of the crime by discussing the evolution of the crime,then analyzes the constitutive elements of the crime can have a more accurate and clear understanding of the crime,and again discusses the difficult problems encountered in judicial practice.In order to better apply this crime,including the identification of some "special" acts in the crime,the determination of the number of crimes and the identification of joint crimes,and finally put forward own views on the legislation of this crime.The "Amendment to the Criminal Law of the People's Republic of China(IX)" is of positive significance to the revision of this crime.At the same time,we should further analysis it with a more rational and objective perspective,for example,in the penalty setting of this crime,compared to the crime of trafficking women and children,whether in the category of criminal law or in the scope of sentencing is relatively single,for the provision of lighter penalties is not very scientific,For instance,if the perpetrator has abusive behavior,then when there is a hindrance to their rescue resulting in prolonged rescue time,there cannot be a lighter punishment,and the protection of the object of this crime is limited to women and children.However,this cannot effectively protect all people.We need to further improve the legislation,make a scientific and reasonable grade of sentencing and the types of punishment should be revised,and expand the scope of protection of the object who is subjected to the crime.Making the conditions of punishment more reasonable,for the cases of abuse,depending on whether there is any obstruction to the rescue operations or not,there should be a clear distinction between the punishment for each cases depending on it's aforementioned nature.Therefore,we can conform to the criminal legislation,being a more scientific way of law enforcement.Moreover,it can also adapt to the needs of social development.