Study On The Crime Of Trafficking In Women And Children Practice And Solutions

The legislature, administrative organs, judicial organs have passed legislation,administrative regulations, judicial interpretations and carried out various forms ofcombating trafficking special activities, since the criminal law of1979promulgating.Butthe number of some remnants still vary from less, to more, which makes the judicialpractice of the crime of abducting and trafficking in women and children for theconviction and sentencing and other aspects that brings a lot of inconvenience anddifficulties. Therefore, this paper is to emerge as the times require, in the practice oftypical difficult case for the starting point, through the comparative analysis method,from the trafficking of women and children, the object of crime, common crime,morphological, aggravating circumstances and commitment of victim of this five respectsset out, discuss, analysis, solve the difficult problems in the practice. The basic choroid ofthis paper is belowThe first part, the trafficking of women and children sin crime object recognition.Has the two cases lead to the source of the problem, the first one is in the process ofgrowth on the girl for women is how to maintain? For this problem, the author firstthrough the case lead to the source of the problem, and then compared to debate, andfinally determined that children with trafficking sin processing. The second is how todeal with trafficking bisexual people problem? This theory has three point of view,"notguilty","accomplished" and "failed", the author agree with "accomplished" that shouldalso will be on the abduction of double sex behavior considered trafficking in women andsin.The second part, from a joint crime about whether an indecent act limit shall bearthe responsibility of the aggravating circumstances and help behavior, introduces how todetermine the behavior of two problems through the case introduction, comparativeanalysis, conclusion, so as to solve common crime in the criminal conviction of theproblem. For the former, theoretically there are two kinds of views,"sure" and "negative".The author agrees with sure said that shall bear the responsibility of the aggravatingcircumstances. After for a question, it is four views,"not guilty","buy children help make","distinguish","on the abduction of children help make said." the author thinksthat shall, in accordance with the joint crime crime to deal with.The third part, by the case of derivation on the abduction of women, children’s sin tostop thinking about the problems of form. This part mainly solve a problem: on theabduction of women and children attempted crime in the form of boundary points. Firstof all, the author USES typical cases lead to the source of the problem, secondly, thetheoretical controversy point comparison. For the problem in theory there are fiveopinions,"a single behavior","sell","three stage","distinguish","compromise". Finally,the author support "compromise", the specific three situation according to "sell"animation processing, other conditions are in accordance with the general said,"control"treatment.The fourth part, with "trafficking in women and children on the abduction of threeor more persons","commit adultery was on the abduction of women" as the breakthroughpoint, through the difficult case, discuss and solve on the abduction of women, children’ssin aggravating circumstances that problem. To the first question, theoretically there aretwo kinds of debate,"sure" and "negative", the author thinks that should be in accordancewith the "sure" processing; Second, the theory has three kinds of processing opinion,"sin","two crimes","three crimes", the author agree with the third kind of opinion.The fifth part, through the introduction of the victim commitment, mainly to solveon the abduction of women, children’s sin offender is a crime. First of all, the classic caselead to the source of the problem. Secondly, through the comparison of different views onthe dispute. Finally come to the conclusion that the author’s view is the victim cannotpromise as resistance but crime conditions.Combating trafficking is a long, complex and hard battle. With the pen instead ofthe sword, the author wants to use modest words to make a contribution to the traffickingof women and children, and the perfect crime conviction and sentencing.