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On The Crime Of Buving Women And Children And Its Legislative Perfection

Posted on:2021-06-25Degree:MasterType:Thesis
Country:ChinaCandidate:F LiangFull Text:PDF
GTID:2506306023471984Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Buying off women and children has existed in China since ancient times,especially in the remote rural areas of China,which is more likely to induce such crimes due to the serious feudal ideology and the low legal awareness of people.Although such incidents have decreased in recent years under the severe crackdown in China,the drive of interests still attracts some criminals to abduct and sell women and children to commit crimes.In the era of globalization and informatization,more and more abduction and trafficking cases are reported,and all kinds of appalling cases of buying and abducting women and children are still on the air.Reflects the behind such crimes is trafficking in women,children,devastating blow for a family,many scholars and the masses against traffickers,whom he also gives attention to the buyer market,think there are GuaiMaiZhe desperate,in the final analysis or someone to buy,also the author agree with this point of view,because it conforms to the law of economic development,the formation of supply and demand determine the market,is fostered GuaiMaiZhe acquirer constantly needs to implement the idea of criminal behavior,so the acquirer’s position on the became the mother of crime.Only by effectively attacking the root causes can we crack down on crime and prevent crime.The core idea of this article is based on the discussion of this crime legislation evolution and the research development under the background of the crime,to analysis the constitutive requirements of crime,so to be able to have a more accurate and clear understanding of this crime with countries buying abducted after similar behavior punishment,like women,children,comparison,and then to think of this crime and purchase,transportation and sale of precious and endangered species of wild animals,rare or endangered wildlife products the contrast of sin,and concluded to buy trafficked women and children’ s crime legal punishment is not reasonable as the core of a series of problems,In order to elaborate the author’s Suggestions on legislative perfection through detailed research and analysis.The amendment of the criminal law of the People’s Republic of China(nine)has positive meaning for its modification,at the same time,we also want to more rational and objective perspective to further analysis,such as in the setting of this crime punishment,compare it to commit crimes of trafficking in women and children,whether in punishments or on the sentencing range are single,his punishment clause for the set of also is not very scientific,such as the offender if there is abuse,so when there are obstacles to rescue it and not impede the rescue it cannot be given a lighter punishment,this protection object of bureau be confined to women,children,Can’t effectively protect everyone and so on.The author will analyze the substantive deficiencies in affirming the results of the constant revision of this crime.The legislation needs to be further improved to formulate scientific and reasonable sentencing grade and types of punishment;In addition,the scope of protection for this crime should be expanded,the conditions for lenient punishment should be reasonably set,and a clear distinction should be made between maltreatment and non-obstructing rescue behavior,so as to meet the purpose of criminal legislation,make it more scientific and reasonable,and finally achieve the purpose of fighting crimes and preventing crimes according to the needs of social development.
Keywords/Search Tags:crime of buying abducted women and children, Social hazard, Penalty comparison, The legislation perfect
PDF Full Text Request
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