Research On Several Difficult Questions About The Crime Of Buying Abducted Women Or Children

There is a tight connection between the crime of buying abducted women or children and the crime of abducting and trafficking in women or children, which is joint offence in the criminal law. There are several researches on the crime of abducting and trafficking in women or children, but there is little research on the crime of buying abducted women or children. Which is not conductive to fighting against the buying market, condoning the trafficking behavior on women and children, even more is not conductive to the protection of personal rights of women and children. Through paying attention to the related cases and news, the author found a lot of difficult questions to solve on this crime. In view of this, the author attempts to combine theory and practice, firstly while combing the existing research results and perspectives of different scholars, collecting the cases in practice and the relevant judicial interpretations on the other hand, secondly discussing several difficult questions on this crime by case analysis methods, and finally putting forward some suggestions in this paper.From the standpoint of the content,the academic circles have no conclusion or big dispute on the first three questions in this paper. The author discusses the frost three difficult problem, making up for the blank of the research of the theory. On the “not pursue criminal responsibility " problem in the fourth chapter, some of the court have a wrong understanding about “not pursue criminal responsibility" in this crime, some papers study this problem only from the perspective of the penalty amount. The paper will analysis the problems from the different angle. From the standpoint of the method, this paper mainly adopts case and table form raising the question, making each one of difficult problems about this crime become specific and vivid, making readers thoroughly understand this point.This paper is divided into four chapters.The first chapter, the author discusses the atypical buying behavior of this crime by three kinds of situations: in order to sell after the actual buying, but finally not be sold; in order to sell after the actual buying behavior, but finally selling; the reservation purchase situation.The second chapter, the author mainly discusses introduction behavior of this crime by two kinds of situations: on the intermediary problem on the deal of the women, the author discuss the differences between the payment property behavior on introduction marriage and this crime from the subjective aspect of behavior, the amount of charge property, the person of charge property through a case; on the intermediary problem on the deal of the children, the author puts forward that treating this behavior as help offender of the crime on the deal of the children through commenting on the relevant different opinions in the theory area.The third chapter, the author mainly discusses illegal profit questions on biological parents in the process of the deal on children; “the purpose of illegal profits” is the key to distinguish between biological parents selling children and the folk adoption behavior, but the relevant judicial interpretation does not set up a specific amount, which is related to the biological parents whether or not committing a crime. The author thinks that the law should give parents more sympathy, improve the specific amount of conviction standard through comparing close relatives criminal judicial interpretation of criminal law by the study of other charges.The last chapter, the author runs through the relationship of the crime in the criminal law, criminal responsibility and punishment from the perspective of the stage of development on the criminal responsibility. The author pointed out some of the court wrong understanding about “not pursue criminal responsibility " in this crime. Finally, this paper think that it should use the " exempted from punishment " instead of “not pursue criminal responsibility" on the sixth paragraph of article 241 st of the criminal law.