Research On The Problem Of Child Trafficking Crime

Child trafficking crime refers to sell, for the purpose of trafficking, kidnapping, buying, trafficking in, transport, transit children and stealing children’s behavior.Child trafficking culprit of its legal formation and complex judicial cognizance, has always been the focus of the judicial practice and theoretical circle of criminal law a sin.To this, this article through the introduction of several typical cases, lead to complicated problems in the crime of kidnapping children, the intermediary introducer of child trafficking sin, buy, sell their own special child trafficking behavior such as in-depth discussion, and relevant similar behavior to distinguish to resolve the confusion in the judicial practice.First of all, in this article, through the introduction of several typical case raises for child trafficking crime in the judicial practice in the intermediary references behavior nature identified several different point of view:does not constitute a crime, shall be independent, constitute a kidnapping children help make into sin.Then draws the dispute focus problem:introducer can behavior as a child trafficking crime or buy don’t help child trafficking crime committed;What specific judgment intermediary is which side help make references.Intermediary behavior, references.Child trafficking crime through intervening in the cognizance of the subjective intent of references and the objective aspects of performance and the theory of joint crime, concluded that intermediary behavior of references can be dealt with as a child trafficking crime joint crime.Intermediary references behavior of concrete judgment.Judging how specific references which one on earth is to help make, is the important basis of intermediary introducers convicted and punished.References is set up the crime of buying abducted children also established child trafficking and comprehensive references the manifestation of subjective and objective aspects.Secondly, through the introduction of several typical cases which leads to the judicial practice for buying abducted children several different views of the crime in special circumstances, a child trafficking crime, constitute buying abducted children, child trafficking crime and buying abducted children crime, involved crime.Through the relevant academic point of view of draw the conclusion:the buyer to buy children had put the purpose of helping others child trafficking crime, then buying abducted children’s case, the buyer’s accomplice abetting act constitutes a child trafficking crime, should in principle and buying abducted children from a felony crime punishment.Again, through the introduction of several typical cases leads to sell for child trafficking crime in the judicial practiceSeveral different point of view:biological children behavior does not constitute a crime, constitute the crime of kidnapping children, make crime of abandonment.Then draws the dispute focus problem:deliver the boundaries of child trafficking sin with ordinary folk, betray abandoned their children act constitutes a crime, or a child trafficking crime.Through the introduction to general folk directly has been clear about the "betrayed his own son to the crime of kidnapping children" and folk to difference;Abandoned by negative crime and crime of kidnapping children, the author thinks that to betray own children behavior can neither abandoned all think sin nor evaluation for child trafficking crime, shall be the difference between corresponding processing situation.Under special circumstances, should use imagine competition serves both the processing principle of the abandonment of sin and conform to the crime of kidnapping children.Combined with the existing research results, as well as different point of view, the parties in the theoretical circle to the current in the field of child trafficking crime of these controversial issues, are discussed and a preliminary analysis, in order to child trafficking crime to contribute in the study.