China’s Evolving Legal Framework For Combating Human Trafficking Of Children:An Assessment In Light Of International Norms

Trafficking in persons, or human trafficking, is recognized as a crime in both international and domestic legal systems, victimizing millions of people every year all over the world. Children, arguably the most vulnerable demographic group of potential victims, are however not given due concern and protection in China. This thesis focuses on the shortcomings of the legal system in diminishing the capabilities of those who deal in children’s lives. To combat human trafficking, and particularly that of children, legal instruments at the international level such as the UN Convention against Transnational Organized Crime and its additional Protocol specifically dealing with trafficking in persons (the Trafficking Protocol), and the Convention of Rights of Child (CRC) and its Protocol, were adopted to punish the offenders, protect the victims, and prevent the occurrence of trafficking. The effectiveness of international law depends on it being incorporated or transformed and then implemented and enforced by State actors. As the country with the largest population and number of victims of trafficking, both actual and potential, China’s efforts in contributing to a greater and more uniform implementation of international legal norms and obligations are evidently inadequate.This research, based on careful examination of the principles and legislation of the Trafficking Protocol, the CRC, the CRC Protocol, and other treaties related to trafficking, and their juxtaposition with China’s current anti-trafficking mechanisms and legislation, primarily the Criminal Law of the PRC, offers a comprehensive assessment of the effectiveness of the internalization of the requirements of treaties from human rights, labor rights, refugee regulatory, and socio-economic angles, as well as, chiefly, from a criminal justice perspective.Given the severity of the problem and muted policy response thereto, this study addresses the analytical and practical challenges the issue poses in five parts.Part one briefly introduces the nature and scope of the trafficking issue worldwide and in China, as well as the aim, scope, and methodology to be adopted by the author.Part two outlines the development and evolution of the international legal framework for TIP and highlights the importance of combating trafficking in children in light of prevailing international standards.Part three focuses on the current trafficking situation in China and the underlying cultural, historical, and social factors responsible for the present state of affairs, as well as the development of related legislation and efforts to address the problem.Part four compares the Chinese legislation under the relevant laws, primarily the Criminal Law of the PRC, with standards pertaining to certain key elements under three paradigms of the anti-trafficking mechanism, the prosecution of the offenders, the protection of and assistance to the victims, and the prevention of the crimes, as set forth under the Trafficking Protocol, CRC, and the CRC Protocol.Part five explores the domestic legislation in other parts of the world, including the U.S. and Europe, for the purpose of providing a comparative framework to facilitate scholars’ and policymakers’ search for a better understanding of and potential improvements in Chinese legislation geared toward combating trafficking in persons, particularly highly vulnerable children. At last, deficiencies and limitations of this research and topics for future projects will be summarized.