Research On The Determination Of The Crime Of Abducting And Trafficking In Women And Children In China

Since the founding of the People’s Republic of China,on the basis of summarizing the existing judicial experience of abducting and trafficking in women and children,China’s judicial organs have taken ensuring the basic rights of citizens such as women and children’s right to survival and development as the focus and core of legislation.In particular,through the establishment of special legal norms,we have focused on protecting the rights and interests of women and children.We have acceded to a number of international human rights conventions,and continuously improved the protection of the rights and interests of women and children.Whether it is the crime of trafficking in women and children in the criminal law,or the law on the protection of women’s rights and interests,or the law on the protection of minors,all provide a legal basis for combating and punishing trafficking in women and children.Throughout the history of the development of legal systems in various countries,combating trafficking in women and children is the focus and difficulty of criminal legislation in various countries.Although China has made many achievements in the judicial identification of trafficking in women and children,there are still some problems in the identification.In the judicial determination of the act of trafficking in women,there is a dispute about whether the victim’s commitment can prevent the criminality of the criminal subject,and the determination standard of "raping the abducted women" is not clear,and the determination of the act of trafficking in women is vague.At the same time,there is a phenomenon that the behavior of introducing marriage demands is confused with the behavior of abduction and trafficking.In the judicial cognizance of child abduction,there is a dispute between the cognizance of the crime of selling biological children and the non crime.How to define the attempted crime of child abduction needs to be further discussed.At the same time,the standards for the identification of principal and accessory offenders also need to be further refined.The above-mentioned problems make it extremely difficult for the judicial determination of trafficking in women and children,and have a certain negative impact in practice,resulting in a decline in the persuasion of judges’ judgments.Therefore,it is necessary to analyze the problems in practice and put forward corresponding suggestions according to the basic status quo of the judicial identification of trafficking in women and children in China,in order to better lay a theoretical foundation for the judicial identification of the criminal acts of trafficking in children and women,so as to solve the thorny problems in practice,so as to protect the rights and interests of women and children and maintain social stability and order.