A Study On The Crime Of Buying Abducted Women And Children

Human trafficking has become a global phenomenon that troubles almost all countries.In China,the crime of abducting and trafficking in women and children is characterized by high incidence and low detection rate.In recent years,the number of crimes of abducting and trafficking in women and children has been on the decline,but the crimes of abducting and trafficking in women and children still have their breeding ground.Research literature on the crime of buying trafficked women and children has increased since the criminal law amendment(ix)was published.The purpose of this paper is to sort out the legislative evolution,basic concept,constitutive elements,judicial confirmation,penalty application and other aspects of this crime,and to discuss the issues raised.This paper is mainly divided into three parts:The first part is the crime of buying abducted and sold women and children of the component elements of a crime,the constitutive requirements of this crime is analyzed mainly from: the object of this crime,the objective aspect of this crime,the main body of this crime,subjective aspect of this crime are analyzed,which focus on the object of this crime,the "buying" behavior of this crime,as well as the object of this crime behavior applies are discussed in this crime to have a more accurate and clear understanding;The second part is the judicial determination of the crimes of buying abducted and trafficked women and children,mainly analyzing the determination of the crimes and non-crimes of buying abducted and trafficked women and children,the determination of the number of crimes of buying abducted and trafficked women and children,and the determination of the joint crimes of buying abducted and trafficked women and children.Centered marriage fraud,commitment,folk for adoption,the victim marriage intermediary to discuss crime and is not a crime problem,around buying abducted and sold women and children and then sell and buy victims and many times to buy to discuss the problem above the number of this crime,and finally through the analysis of intermediary action and other help to investigate the problem of joint offense.The third part discusses the application of punishment for the crime of buying an abducted woman or child.