| The conduct of abducting and trafficking in a man with unsound intelligence is of severe social danger, due to its severe infringement of his right of personal freedom, his right of honor, and his guardian's right of guardianship, its violation the principle of"personal rights can't be sold", its great damages to himself and his family. However, the Criminal Law existing in China only provided that abducting and trafficking in a woman or child shall constitute crime. With the guidance of principle of"person shall be convicted and punished only as their acts are explicitly defined as criminal acts in law", the acts of abducting and trafficking in persons other than women and children are out of the Criminal Law's reach. The blankness of legislation above has resulted in the vacancy of citizen's human rights, has led to conflict and contradiction between social danger and criminal acts, and has weakened the function of the Criminal Law as the"Great Charter of the Good Citizens".This paper is started with cases about abducting and trafficking in a man with unsound intelligence the media has covered these years, and then it focused on the case of an offender, who is from autonomous prefecture of Yi nationality, Liangshan, Sichuan Province, took advantage of men with unsound intelligence to carry out the crime act of"killing people for compensation"and abducted and trafficked in men with unsound intelligence. Combining with some related statistical data, this paper pointed out the embarrassed situation the Criminal Law stands in judging and striking such acts. This paper elaborated the necessity of incorporating the said acts into the range of the Law through methods of value study, case study, comparative study, and historical study, with angles of the function of the Criminal Law, the acts'danger to the society, the conflict and contradiction between social danger and criminal acts, and the principles of its solutions. By clarifying the legislation and changes in the system of striking crimes related to abducting and trafficking, or kidnapping persons, by comparatively studying and learning other countries'related legislation, by following the requests of incorporated arrangement model of criminal charges in legislation, the author state his specific thought in legislation about this problem and wish to complete the criminal system in protecting citizens'rights of personal freedom and rights of honor.This paper is of five parts with its main body of about 21,000 words.The first part mainly introduces the current situation of abducting and trafficking in a man with unsound intelligence in China these years, and also presents the study methods of this paper;The second part is based on a particular typical case about abducting and trafficking in a man with unsound intelligence happened in autonomous prefecture of Yi nationality, Liangshan, Sichuan Province, and then combines with the related statistical data, finally points out the legal dilemma of abducting and trafficking in a man with unsound intelligence;The third part differentiates and analyzes the related concepts from the knowledge of the criminal law. Through a thorough theoretical inquiry to the function of the Criminal Law, the acts'danger to the society, and the conflict between social danger and criminal acts, points out the necessity of using the Criminal Law to protect the personal interests of men with unsound intelligence.The forth part clarifies the legislation and changes in the system of striking crimes related to abducting and trafficking persons, and comparatively studies our current legislation with international related legislations.The last part compares the logic arrangement models of criminal charges in legislation, and then demonstrates each model, finally makes a choice of incorporated logic arrangement model to design the law related to crimes related to abducting and trafficking persons. |
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