Study On The Crime Of Trafficking In Ancient China

In the traditional Chinese legal system,as early as in the law of the Qin and Han Dynasties,you can see the terms of "trafficking population","robbery" and "Partnership trading population".In the Wei and Jin Dynasties,there were crimes of "trafficking people".There are provisions for "trafficking people" in the laws of the Sui Dynasty.To the Tang Dynasty,the regulations on "the crime of trafficking" were very complicated.There are both the general clauses of "the crime of trafficking" and the terms of "buying and selling relatives","buying and selling slaves","partnership trading population",which are reflected in the different objects.Further refinement of the relevant legal provisions of the crime of trafficking.In the criminal law of Song,there are provisions for "trafficking people and slaves(and partnership trading population,selling relatives)".The law of Ming Dynasty sets up "the crime of trafficking","trafficking good people","trafficking people as slaves","" deceive and lure the population "," trafficking slaves of others "," trafficking children as slaves "," Provision is made for the conviction and sentencing of the slaves and the relatives of the five servings.The Qing Code,"Setting a strategy to attract good people","trafficking good people","deceive and lure the population"," trafficking others to slaves","trafficking children and grandchildren as slaves".In order to carry out legal regulation for such acts as "slaves",at the same time,in the regulations,various special "trafficking people" behaviors were imposed.It can be seen that "the crime of trafficking" in ancient Chinese law has developed into the law of the Ming and Qing Dynasties in the mature period.In fact,it is a general term for various crimes of illegally buying and selling people."Trafficking" includes both the looting and selling of the population,as well as the abduction and trafficking of "strategy".The specific provisions are stipulated separately according to the criminal behavior and the object of the crime,and the complexity of the legislation is presented."Crime of trafficking" is a crime that is mainly attacked by Chinese traditional criminal legal system.However,the provisions of related crimes in the past dynasties in the "crime of trafficking" crimes show more complicated development changes.This paper intends to combine the unearthed literature and the handed down literature data,through the study of relevant legislations in different periods from Qin and Han to Ming and Qing Dynasties and the analysis of related cases,to analyze the legislative evolution,criminal elements and judicial practice of the crime of "crime of trafficking" in ancient China.The full text consists of an introduction,a body and a conclusion.The body is divided into three major parts:In the first part,through the provisions of the stipulations on the "crime of trafficking" and the study of academic circles in the past codes,the basic connotation of the "crime of trafficking" is clarified;the reasons for the crimes of trafficking are analyzed.Explain the legislative evolution of the crime of trafficking.In the second part,it analyzes the constitutional elements of the crime of trafficking.Clarify the subject,object,subjective and objective aspects of the relevant crimes.At the same time,it shows the historical development and changes of the criminal composition of this crime in Chinese history and the different characteristics of each era.In the third part,through the combing of the legal enforcement measures for the "crime of trafficking " and the related legal practice in the previous legislation,the paper discusses the legislation on "the crime of trafficking " in the judicial practice of all ages.