A Study On Several Issues Related To Judicial Cognizance Of The Crime Of Abduction And Sale Of Children

The crime of abducting and trafficking the child refers to any act of abducting,kidnapping, buying, trafficking, fetching, sending, or transferring a child, for thepurpose of selling the victim. Due to its unique constituents and complex cognizance,the crime has long remained the focus of judicial proceedings and criminal lawacademics. This paper starts with the introduction of the legislation evolution of thiscrime. It then mainly discusses the difficulties to analyze its constitutive elements, theconviction of special criminal acts, accomplishment yardsticks and the differencesbetween this crime and relevant ones. Overall, the crime is clearly presented fromdifferent aspects.The body content consists of the following three parts:The first part briefly introduces the legislation evolution of this crime.The second part majorly explains its constitutive elements.1. major constituents are briefly described. In relevant legal provisions andjudicial interpretation, punishments are defined as regards the minor who is more than14but less than16years old abducting, trafficking and raping the abducted girl whois under14years old.2. Subjective elements are explained. First of all, for the crime to be established,the perpetrator shall intend to sell the victim regardless of whether the intention hasbeen realized or not. Then, the criminal intent and criminal motive are distinguished.The intent of selling the victim is established as long as the perpetrator aspires to sellthe children as a merchandise even if he seeks no profit.3. The objective elements are introduced. The acts of abducting, kidnapping,buying, trafficking, fetching, sending, or transferring children as well as traffickinginfants are distinguished.4. The object elements are discussed. Representative academic opinions about itsobject elements are illustrated and analyzed. This part concludes “the objects of thiscrime are personal freedom and dignity of children.The third part elaborates the judicial cognizance of this crime.1. The conviction of selling natural child. Some don’t regard the act as a crime. Some think it’s the crime of abandonment. And some holds that it’s the crime ofabducting and trafficking the child. The debate focus is whether natural child can beincluded in the victim of this crime. We believe the answer is affirmative andarguments are provided therein.2. The accomplishment offense standard of the crime of trafficking of children.Firstly, the author analyses a number of viewpoints concerning the topic in theacademic field, including “singular act theory”,“crime completion theory”,“act plusmotive theory”,“separated act in joint crime theory”. After profound analysis, theauthor concludes the accomplishment offense standard of the crime of trafficking ofchildren.3. The distinction between the crime of abducting and trafficking the child and thecrime of abducting child. First of all, their differences and similarities are illustrated.Thereafter, we discusses the conviction matter of “abducting the child for adoption’spurpose and then selling it” and “abducting the child for selling’s purpose and thenadopting it”. The author conclusion is made based on typical cases.4. The distinction between the crime of abducting and trafficking the child and thecrime of kidnapping. First, we describe their differences and similarities and thenexplain the mutual transformation of their criminal intents. We has also determinedthe nature of controlling the child of a person to extort property, dun debt, etc. fromhim and finally selling the hostage after the failure of previous intent.