Rethinking China's Heavy Penal Legislation

After modified many times,our country criminal law's regulation system to combat and prevent trafficking crime has basically formed,but because of the changes of the reality and the lag of legislation of criminal law,at some extent,it still exists defects and loopholes inevitably,it needs to be adjusted gradually.In this paper,the introduction section takes "the criminal law amendment(9)" related charges as the breakthrough point,to launch systemic thinking about the trafficking of women and children crime in our country.The first chapter is a brief overview of our country criminal law about the "kidnapping crime" legislative changes,mainly in 1979 of the criminal law for the first time the abduction of crime and criminal law in 1997 to adjust human trafficking as the trafficking of women and children,as well as the relevant judicial interpretations complement.From the crime of processing and modification of different charges change,our country criminal law need to make corresponding adjustment and perfect according to the reality of kidnapping crime present situation.The second chapter tells a formation and influence of traditional penalty thought in our country taking the crime of human trafficking as a example,especially in the reflect and influence of the different periods of the criminal policy in our country,from the "strike hard" to the "tempering justice with mercy" adjustment reflects the different penalty shift in thinking.At the beginning of the reform and opening to the outside,the "quick" "strike hard" criminal policy was launched,and the traditional "severe penalty" idea has direct relation;It can be said to be the serious "policy breakthrough law",combined with the actual execution of the policy understanding deviation and the principle of "quick" processing requirements,it is easy to be executed to the limit,causing more wrongs.And then to remedy the negative effects of crackdown on time,timely put forward the resulting rescue in our country criminal policy,regardless of the purpose of reduce crime and crime prevention,or the current world safeguard human rights "is full of human nature" of thought,the criminal policy of “tempering justice with mercy” is a great step.The third chapter through the amendment of "the criminal law amendment(9)" about "buying behavior" of change,pointed out the legislative loopholes and deficiencies under the guidance of "crackdown",need further reflection and exploration of pan-moral thoughts."The criminal law amendment(9)" increase penalties for acquirer,completely ignore the modesty of criminal law and the non-universal of the criminal law,and apply to "buy will sell" cause-and-effect logic legislation needs to be further discussed.The fourth chapter on the premise of the foregoing analysis and commentary,on specific supplement or consummates our country criminal law about the kidnapping crime regulation,and inhibition of kidnapping crime situation put forward some idea,such as intensify punishment than carrying out the penalty effect and further distinguish clearly the condition of given a lighter or mitigated punishment,reconstructing or additional charges.Finally pointed out that the kidnapping crime because of its growth soil and deep reason of the complexity,relying only on the regulation of criminal law to curb is not enough,and heavy penalties and legislative ideas are no longer applicable;Comprehensive utilization of our country criminal law and other department as well as related social system,it is possible to reach the purpose of suppressing the crime,crime prevention and protection benefit as long as doing like that.