The Crime Of Abducting And Trafficking In Women And Children

Focusing on the application of death penalty on the crime of abducting and trafficking in women and children in our country, this paper begins with the current situation and problems of the application of death penalty on the crime of abducting and trafficking in women and children in the judicial practice, and performs the research through analyzing factors of social harmfulness and personal dangerousness which affect the application of death penalty and its improvement. This paper discusses four aspects individually.Part one expounds China’s application of death penalty on the crime of trafficking in women and children for the status quo and problems. There are many problems in the application of the death penalty on the crime of trafficking in women and children, one of which is mainly involved in the application standard of death penalty including the lack of clear substantive laws for the application of death penalty on the crime of trafficking in women and children, objective tendency of applying the death penalty standard on the crime of trafficking in women and children, and the lack of balance for the application standard of death penalty on the crime of trafficking in women and children.The second and third part studies the inherent mechanism of social harmfulness and personal dangerousness circumstances which affects the application of death penalty on the crime of abducting and trafficking in women and children. The object of crime, the means of crime, the results of crime and other legal circumstances as well as discretionary circumstances including public anger, special means of crime are circumstances which affects the application of death penalty from the perspective of social harmfulness. Recidivism, surrender, meritorious service and other legal circumstances as well as discretionary circumstances including attitude to plead guilty, consistent performance, and criminal records are circumstances which affects the application of death penalty on the crime from the perspective of personal dangerousness.The fourth part puts forward some suggestions in the improvement of the application standard of death penalty on the crime of abducting and trafficking in women and children respectively from the macro and micro level, aiming at the problems in the application of death penalty for the crime of abducting and trafficking in women and children based on analysis of relevant circumstances of the application of death penalty. To reconstruct the application standard of death penalty on the crime of abducting and trafficking in women and children, firstly the policy basis of the application standard should be determined, which means to establish and apply the death penalty standard on the crime of abducting and trafficking in women and children under the guidance of the "Temper Justice with Mercy" criminal policy. Not only the "Mercy" should be reflected, but also the "Justice" should be reflected. And special attention should be paid to the balance of "Mercy" and "Justice". Secondly the substantive standard of death penalty standard on the crime of abducting and trafficking in women and children should be strictly controlled, making a concrete explanation of "extremely serious crime", and pay attention to consideration of personal dangerousness to limit the scope of applying the death penalty. Finally, we should also consider the application of the concurrence of circumstances for sentencing to clarify the influence rules of the concurrence between the legal circumstances, between the discretionary circumstances, between the legal circumstances and discretionary circumstances, between strict circumstances, between lenient circumstances, between strict circumstances and lenient circumstances, etc.