Research On The Criminal Legislation Of The Crime Of Abducting And Trafficking In Children In China

The crime of trafficking in children is one of the high incidences of crime in recent years,due to the abducted children and parents and even the whole family is a bolt from the blue.In recent years,the theoretical circles have set off a wave of research on the crime of abducting and trafficking in children.This paper discusses a high degree of attention to social hot events related to the people,such as at that time in the We C hat circle of friends flood the screen "trafficking in children will be sentenced to death" of the topic,to understand some of the substantive issues behind the crime of trafficking in children.The members of the society need rational in life in the care of repeated child trafficking behavior,and not blindly believe that all can be sentenced to death in postmenopausal patients with permanent.I analysis on the defects and perfection of legislation in existence from two aspects of theory and practice,and bo ldly on the legal punishment of the crime question,want to cancel the death penalty,and to sell natural children and "surrogate" behavior were discussed,this point in previous studies is rare.In this paper,the author tries to make a comprehensive analysis of this crime in order to provide reference for the perfection of this crime.This article will discuss the crime of abducting and trafficking in children from the following four dimensions:The first part mainly analyzes the abduction of children fro m the concept dimension.First of all,the concept of abduction and the meaning of children are discussed.O n this basis,the concept of the crime of abducting and selling children is summed up.Secondly,from the children's own rights and interests,child ren's guardian,guardianship and social order these three aspects to explore the necessity of the legal regulation of children trafficking.Finally,it briefly discusses the provisions of the foreign legislation on the crime of abducting and selling children,so as to provide reference for the legislative perfection of the crime of abducting and selling children in China.The second part focuses on the legislation of the crime of abducting and trafficking in children.By analyzing the constitution of the cr ime,the object,objective aspect,subject and subjective aspect of the crime are understood.Secondly,the analysis of the provisions of the crime in the criminal law,as well as the provisions of the relevant judicial interpretation,for the next chapter of the defects and improve the discussion foreshadowed.The third part analyses the defects in the existing legislation from three aspects,namely the crime object,the subjective aspect,the legal punishment of the three aspects of analysis,and the majority of case study is from the perspective of introduction,it is easier to have an intuitive understanding of the crime of trafficking in children in practice.The fourth part is an important part of this article,mainly on the existence of the legislative defects of the third part of the author puts forward practical suggestions.Also from three aspects,namely,object of crime,the subjective aspect,the legal punishment,according to the legislative defects of each existence,by the parties to find information,in addition to my bold ideas of legislation,legislative proposals.