Research On The Crime Of Buying Abducted Women And Childre

Since the case of F eng Xian county Woman who gave birth to eight children,the academic community has devoted itself to the comparison of the punishments for crimes involving the sale of women and children.The academic research on "same punishment for different crimes","same punishment for the same crime" and "different punishment for different crimes" extends from the perspective of criminal policy.The main theoretical basis of whether crime and punishment are balanced should lie in the constitution of the crime.The commercialization of abducted women and children is the core feature of this crime.The right not to be sold to the person is the object of the crime of buying abducted women and children.This right has the characteristics of inviolability.The behavior of "trafficking" and "buying" is different in structure,so the non-criminalized behavior excluding buying should be excluded from the objective behavior of this crime,and the practice of this crime should be limited to the single behavior of "buying".This is conducive to reducing the application of attempted crimes and playing a practical effect of "strike hard" at the judicial level.The rule of combined punishment for several crimes in Article 241,Paragraph 4 of the Criminal Law should be adhered to in order to prevent the phenomenon of repeated evaluation.This crime belongs to intentional crime,but it does not belong to the purpose crime,so the subjective conditions should not be deliberately emphasized "not to sell as the purpose".At the same time,"intentional" should not take the object of crime as the content of "knowing",which is consistent with the conclusion that the knowledge of illegality does not affect conviction advocated by the theory of criminal law.