| In recent years,many criminals have made use of the loopholes and gaps of the law to study new types of trafficking,such as the act of selling their own children,the promise of the victim in the crime of abducting and selling women,the act of excessive restrictions in joint crimes and so on.The author believes that no matter what reason,parents sell their children as commodities,should be identified as the crime of abducting and selling women and children.The reason can only affect the sentencing,but can not decide the fixed sentence.In dealing with at the request of women the secondary resale behavior,should correctly determine the protection of trafficking women,the author thinks that the protection of trafficking women and children is the rights of the personal business,the right has no commitment,should be committed to trafficking women,but in sentencing,should consider the victim voluntarily,the defendant’s subjective vicious and the event itself social harmfulness,to the defendant from punishment or from criminal punishment.As for the problem of the limitation of accomplices,the author believes that other accomplices should bear the responsibility of aggravating the circumstances caused by the perpetrator,but there is no need to establish a joint crime.For prisoners need to bear the limit responsibility should be combined with two aspects at the same time,one is to judge the objective behavior of the prisoners beyond the subjective collusion,the second is other prisoners to the end of the possibility of foreseeable,if beyond common intentionally and should not be foreseen,belongs to the limit,so other accomplice and make not common for limit behavior,and vice versa.However,the criminal law effect of the above three acts is not explicitly stipulated in the Criminal Law,resulting in a series of theoretical disputes.In the face of these disputes,it will be analyzed and studied in the form of cases to solve the identification of new crimes of kidnapping and trafficking. |
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