Research On The Accomplished Offense Standard Of The Crime Of Trafficking In Women And Children

The trafficking of women and children’s crime seriously violated the legitimate rights and interests of women and children, why does China’s criminal law to crack down on. The 240th regulation of Criminal Law, the trafficking of women and children, that set up the different legal punishment for harm degree of the crime of trafficking in women and children. However, due to the influence of various factors and the driving interests, the trafficking of women and children’s crime in the growing trend in recent years. Therefore, the domestic scholars’research of the crime of trafficking in women and children also gradually increased. The accomplished offense standard of the crime of trafficking of children also once became a hot issue of research schoolars. It’s important that the accomplished offense standard of trafficking of women and children in relation to the abduction of complete or not, which is related to the whole crime sentencing and punishment. Nevertheless, the opinion of scholars in regard to the accomplished offense standard of the crime of trafficking of women and children is different, there are many controversial. In order to make the correct recognition and processing in the judicial practice, the paper will put forward authors’shallow view of accomplished offense standard of the crime.Generally, the cognizance of the accomplished offense standard of trafficking of women and children should follow the basic principles of determination of the accomplished offense standard. In practical terms, the standard should be based on the theory of constitutive requirements, if the offender’s criminal behavior to meet the constitutive requirements stipulated in the specific provisions of criminal law is set up with crime. Therefore, the cognizance of the accomplished offense standard of trafficking of women and children should be based on the basic theoretical provided that is crime constitution in article 240th of the Criminal Law. It is first act that cognizance of the accomplished offense standard of trafficking of women and children. Through the analysis of the component elements of crime, the crime of trafficking women and children should belong to the offense of act. In consequence, the standard according to the control theory. Whether general abduction or. special abduction, the offender for the purpose of selling, and implement the abduction,and actual control the victim, whose behavior should constitute the accomplished offense standard of crime of trafficking women and children.