Researching On The Accomplishedstandard And The Identity Of The Offense Of Abducting And Trafficking In Women And Children

In the field of criminal law,the scholars are still unable to reach a consensus on the criterion for judging the accomplished offense of abducting and trafficking in women and children.As a result,the different views make it hard to determine a unified one that can be well applied to judicial practice.Therefore,in this paper,the viewpoints on the criterion for judging the accomplished offense of abducting and trafficking in women and children were expounded in order to apply it better to judicial practice.This study was made to investigate and analyze the issues related to the crime of abducting and trafficking in women and children,thus to work out the relatively reasonable criterion for judging the accomplished offense of this crime.Part one,An overview of the offense of abducting and trafficking in women and children.It was believed in this study that jurisprudence analysis should be made on the constitutive elements of this crime,such as legal interests,act of perpetrating and legislative intent,and the legislative purpose of this crime should be identified,in order to ensure the establishment of this crime with criminal standards comply with the requirements of the component elements of offense theory.Part two,the academic debate of this offense with accomplished standard.The theories on accomplished offense in China and foreign countries were demonstrated to learn about the theoretical research status of this crime at home and abroad.These views were analyzed and their strengths and weaknesses were pointed out.At the same time,the previous theoretical researches were taken as the basis of this study for further deep-going exploration.Part three,the legal analysis of this offense with the accomplished standard.Firstly,the advanced theories of “corpus delicti dominate” in foreign countries should be learned and referred to.Secondly,to analyze legally the theories of “corpus delicti dominate” with cognizance measures and influence factors.Then,on the premise of following the theory of crime constitution condition completion,amendments were made on the “control theory” of the criterion for judging the accomplished offense of this crime to make it the standard criterion.And then,the rationality of the criterion derived from the amended “control theory”was illustrated.Part four,the identification problems of this offense's accomplished standard.The separate crime and joint crime were taken as the perspectives to discuss the issues concerning the cognizance and implementation of the criterion for judging the accomplished offense of this crime.In terms of separate crime,general trafficking and special trafficking were taken as the examples to put forward specific cognizance of accomplished offense.In terms of jointcrime,simple common crime and complex common crime were taken as the examples to put forward specific cognizance of accomplished offense.