Research On Mrs. Ruan And Other Person Abducting And Trafficking In Women And Children Case

In recent years, the crime of abducting and trafficking in women and children is still frequent in our country, including many foreign-related abducting and trafficking in women and children cases. For effectively solving this kind of crime and protecting women and children's legitimate rights and interests, our country has taken many measures. This paper selected a model of abducting and trafficking in women and children of the foreign -related case, and hoped that through the analysis of issues related to the case for our country's process such crimes is to provide theoretical support.This paper through Mrs. Ruan and other person abducting and trafficking in women and children case, Which summarized the theory question to carry on the discussion, thus hopes case study not only has the practice significance, but also has the academic value. This foreign-related criminal case involves the Vietnamese citizens and our country citizens, simultaneously; the victims have the Vietnamese citizens, also have our country citizens. For both sides the criminal jurisdiction of the case and crime of abducting and trafficking in women and children's the accomplished offense and unaccomplished offense standards have dispute. At the same time, voluntary surrender, meritorious performance and confesses have also dispute.To solve the foreign perpetrator's criminal jurisdiction problem, was the foundation of the conviction and measurement of punishment to the perpetrator. First, this paper starts from the solution foreign perpetrator's jurisdiction question, the paper has discussed the territorial jurisdiction standard as well as this case is suitable the territorial jurisdiction, and the territorial jurisdiction conflict question. Thought that our country is authorized to the foreign perpetrator to be suitable the territorial jurisdiction and it is suitable for our country "Criminal law" the territorial principle, investigates perpetrator's legal responsibility. Next, on the basis of solving the jurisdiction problem, this paper analyzed the perpetrator's concrete the conviction and measurement of punishment question. The crime of abducting and trafficking in women and children has the dispute in our country theory and the practical realm. Through the analysis of different viewpoints about the crime of abducting and trafficking in women and children's the accomplished offense and unaccomplished offense standard, this paper thought whether to constitute the crime and whether the accomplished offense is two categories, the crime of abducting and trafficking in women and children is the behavior commit, the perpetrator take betrays woman and children as the goal, implements six objective behaviors which "Criminal law" stipulated , but cannot merely take begin six objective behaviors which implements our country "Criminal law" stipulated as the accomplished offense standard, the perpetrator should also have the actual control to the victim. Regarding the perpetrator, voluntary surrender, meritorious performance and confesses the question, this paper unifies our country "Criminal law" and the academic theory viewpoints, have discriminated that perpetrator whether to have voluntary surrenders, meritorious performance and confesses. Finally, after having solved the perpetrator's the conviction and measurement of punishment question, thought the foreign perpetrator's the execution of punishment question, may consider the transfer to new authority which is the novel international cooperation execution way. After having analyzed the transfer to new authority concept, the principle and the possibility of this case's perpetrator is suitable the transfer to new authority, this paper thought that foreign perpetrator of this case is may be suitable the transfer to new authority.