Study On The Perfection Of Legislation On The Crime Of Trafficking In Women And Children

The crime of trafficking in women and children has always been the focus of our criminal law,as well as the hot spot of researches on how to protect the rights of women and children in the criminal law of China.Nevertheless,the focus of studying on the crime of trafficking in women and children is that the object of crime is only restricted to women and children,together with the discussion about the disputes related to this crime,such as the Analysis on the Accomplished Offense Criterion of the Crime.Therefore,we can always get the conclusion that we should recover the crime of human trafficking in the "Criminal Law" of 1979,demonstrate all kinds of the irrationals or feasibility of the controversial views,and without the combination of the latest development tendency and legal environment in recent years.As a result,the perfection of this crime in the legal system usually has limited functions.With the developed network environment in modern society,the social influence of trafficking in women and children is far beyond the previous effect.What's more,people's concern and hate for this behavior of trafficking in women and children far exceeds the previous one.Meanwhile,with the development of social era,and with the intensifying of the attacking force,the behavior of human trafficking has different social dangers and social influences when compared with the previous behavior,no matter in the method or the way of committing a crime.It is unilateral to study this crime through only focusing on the object of the crime,while it is also difficult to obtain some suggestions on legal perfection that coincides with juridical practice.Therefore,the study on this crime should combine the latest situation,new characteristics,and general development trend of the Supreme People's Court aiming at judicial cases or practical cases,to study and discuss about the perfection of legislation with purposes.Viewing from the latest notices of this crime from the Supreme People's Court,the case number of committing a crime by the way of pilfering,robbery,or trapping has been reduced obviously.And most of them are sold out or abandoned by their biological parents,and then bought over or trafficked by human traders.Meanwhile,network trafficking has also been a new method and a new situation in current social environment.Therefore,the study on the perfection of legislation about this crime should reflect and combine these new situations,and not limit the object of crime to children or women in specific content.However,we should recognize the outstanding nature of "selling" in this new development tendency,while the weakening nature of"abduction".In other words,in terms of legislation,we should comply more with the judicial and social practices,be based on the "crime of human trafficking" in international regulations,and analyze the defects of the perfection of this crime,and then proposes some suggestions for perfection.Only in this way can we make up the weaknesses of hysteresis,to truly consummate the legislation system of this crime.Nevertheless,for the perfection of legislation on the crime of human trafficking,we should first give general information or guidance to this crime in the theory of"what it should be" from the perspective of necessity,such as the nature,development tendency,and international regulations of this crime.Second,we are supposed to specifically analyze the defects of existing crime of human trafficking in China under this overall framework,such as the overemphasized nature of "abduction",the limitation of the object of crime,and the weaknesses of existing penalty structure.At last,we should consider about the defects of existing legislation,and get specific and feasible suggestions for legislation perfection.For example,the "crime of human trafficking" that can reflect the nature of this crime,comply with the original intention of legislation,accord with the development tendency of this crime,and connect with the international standard should be determined as this criminal charge.For another instance,by combining the typical cases of the Supreme People's court and the new content in articles VII,VII,IX of the amendments of criminal law,the aggravating situation of the crime of human trafficking should be added,together with slave labor and organized begging,and the culpability system of buying over the traffic in persons should be consummated.Therefore,not only can it respond to more and more cases of selling out their biological children and the cases of selling babies online,which are warmly concerned and condemned in social environment of public opinions,but also it can help perfect the legislation system in socialist legal construction environment.Through this way,it can suit the responsibility and punishment to crime,maintain the authority of laws and justice,promote the national legal consciousness in the new era,and deepen the understanding about the rule of law.