On The Restoration Of The Crime Of Trafficking

As one of the most original and the most brutal crimes,human trafficking crime grows in various parts of China and the world.It becomes more rampant,crueler and more covert.People can no longer tolerate its existence.Due to changing times and change of social attitudes,this crime has new features,therefore,a number of flaws and limitations cause that the current criminal law can't adapt to the reality and judicial activities can't develop well.It directly affects the implantation of anti-trafficking activities and shakes the stability of harmony society.Under this background,this article,which uses comparative analysis,research methods of historical analysis,empirical analysis and case analysis,analyzes the problem of the trafficking crime in women and children.The article,whichconsults the legislation of Asia and Western countries and some areas,meanwhile,which bases the corresponding theoretical knowledge,highlights the necessity and feasibility of recovery of the crime and reconstruction.The article consists of preface,body text and conclusion.The body is divided into four parts:The first part,introduces the background and effects of abolishing the crime.It summarizes the connotation,history of criminal legislation and bad effects of abolishing human trafficking crime.The second part,analyzes the necessity and feasibility.Through historical evolution of criminal legislation of human trafficking crime and current problem,the problemsare concentrated in the following aspects:the ambiguous crime object,the undistributed target,the inexact subjective aspect and the defective legal punishments.However,the setting of human trafficking crime has a high theoretical and practical value,so it is important to set this crime.The third part,analyzes and evaluates the extraterritorial legislation of human trafficking crime.Through the introduction of legislation survey on human trafficking crime in Asian countries and Western countries and some areas.By comparison,we can draw the enlightenment that extraterritorial legislation can better solve legislation in our countryand we should draw lessons from legislation pattern of human trafficking crime to reconstruct legislation.The fourth part,based on the above analysis,requires legal reconstruction of the human trafficking crime,so we should eradicate the old and foster the new and adhere to scientific legislation.In order to adapt to the evolving judicial practice and to fight against the crime,the section redefines the main elements of the crime,sets legal punishments and modifies relevant laws and regulations.