Thinking Of Buying Abducted Women And Children Of The Crime

Trafficking and bought by abducting and trafficking in women and children in our country have not too little, especially rural areas "buy the bride", "sell the child" and not fresh. With the development of Internet and radio, television and other media, let the flesh and blood separation, their wives and children’s social tragedy appeared in public view. "Dear", the lone loss "according to after the release of the film adaptation of the real case, crime of abducting and trafficking in women and children is caused widespread concern in the community. Media to the victims and their families the tragic history of exposition, let people hated criminals of abducting and trafficking in and buy Women and children. Law circles who called for the crime of buying and abduction, We Chat circle of friends have been crazy to ask for the sale of children, all the death penalty. 2015 November 1, the formal implementation of the amendment to the criminal law case(9) ", to criminal law article 241, paragraph 6, modified, bought by the trafficking of women and children behavior shall be convicted. This significant change directly to the source of trafficking, will effectively combat trafficking. This article mainly divides three parts to carry on the analysis to this crime:The first part is the overview of the bribe legislation was trafficking in women and children. The development of the international human trafficking and China about buying is history of trafficking in women and children. Which focuses on the crime in the history of the development of our country, the author expounds from buying is abducting and trafficking in women and children into the crime to after two times to modify the punishment continued to increase.In the second part, the author analyzes the crime of buying behavior. Firstly, the purpose of the legislation and the irrationality of the amendment can be analyzed. The author believes that the original criminal law article 241, paragraph 6, can be free of responsibility originallyprovided for the purpose of legislation is to protect the victims of personal health, and give people a special crime opportunity, but this provision was a breach of the expectation of legislation, the crime to violate the rule, did not play a legal education, guidance, also do not accord with the international legislative trend of population crime on trafficking in. Secondly, it expounds the necessity of uniform entry. Mainly from the two aspects of the serious social harmfulness of buying behavior and the purpose of legislation. Finally, combined with the current social masses on the crime of hot spots that "buy the same crime" and "all the death penalty" two main point of view of the analysis of the irrational.In the third part, the author analyzes the existing problems and Countermeasures in the application of this crime. First application of the crime of retroactivity, the provisions of the conditions is not clear, biological parents sell children cases children belonging to ask a day and the women and children "secondary injury" problem. Then according to the practice in the aftermath of the placement problem, and combining with our country legislation present situation and the trend of international legislation, the legislative practice, put forward the corresponding countermeasures, such as: Amendment formally implemented before the suspects surrendered to pardon and difference treat two conditions a lighter punishment, of what is "abuse" behavior make defined, for children to choose proper guardian and united society the power to solve the placement problem and avoid the women and children "secondary injury".