A Study On The Conviction Of The Behavior Of Selling Children

Children abduction and abandon behaviors are seeing as a key crime type of being cracked down in today’s society. The behavior of child trafficking is no exception in the continuously development of the society, especially among a variety of new crime forms.In recent years, the accidents of children trafficking are happening more and more commonly, particularly in relatively poor area.As this behavior is contrary to the ethical and hitting the moral bottom line, as a result, when similar case happened again,it will rise the social widespread attention and discussion.But due to the judicial practice of our country,there are different regulations for similar case.The rules and boundaries to this behavior in our existing laws and regulations still have contradictions and shortcomings as well.Based on this, in the judicial practice in our country,for a case what involves the similar behavior but sentenced with different decisions is not consistent with Chinese criminal law.Therefore,it is the time to think about how to deal with questions of the increasing case of selling their own kids.This article will mainly discuss around how to sentence behaviors of selling own kids.Firstly,the author lists three real cases in judicial practice. There is a certain representativeness in these three cases.Although offenders all implemented to betray their own behaviors,court verdict is different.According to these three related case expression and analysis,it presents the current country judicial circles with different views and opinions,and also being listed in the case of disputes.Secondly, this article discusses a sin level surrounding the case as long as betraying own children behavior. It mainly concerns whether it can constitute a crime,and elaborates the the crime of kidnapping children and abandoned. And the author will give her own thoughts on this basis of the nature of the behavior in the case and the verdict.After analyzing of the possibility to betray their own behavior into sin,the author will later analyze of the behavior of two related charges, namely the crime of kidnapping children and abandoned. From the perspective of constitutive requirements,the two crimes were described,and the author will find out the two crimes in all aspects of the difference. The author will discuss from the basis to betray their own behavior as a starting point, and analyze the difference in the cognizance of crime of sin, and to analysis the behavior of the qualitative problem.In the end, the author will propose her own views of the behavior of the difficulties and problems existing in the criminal punishment and improving suggestions.In our current country judicial practice,there is a debate about the behavior of qualitative,and it is mainly because the relevant laws and regulations are not clear,which cause the behavior conviction standard is not clear.Moreover,although regulations are seemingly comprehensively covered,the actual operation is difficult,applicability is weak either.Not only because that, the laws and regulations of penalties are light,the crimes of deterrence is not heavy enough.In the judicial practice,the behaviors are too difficult to identify problems,are all the reasons of crime sentence of kids trafficking.By analyzing the existing difficulties and problems,at the end of the article, the author gives her own views about several currently problems of our country and existing provisions in laws as well as judicial interpretations.Moreover, according to the above problem,she also presented her advice about how to perfect the link between legislation and the judicial.