A Study On Several Issues Concerning The Acquisition Of Trafficked Women And Children

"Criminal Law Amendment ?" on the purchase of trafficked women,children's crime has been amended to limit the buyer's way back,legislation to crack down on the sale of women,children's behavior,to better protect the The sale of women,children's legal interests,this repair motives worthy of recognition,but the effect is still questionable.Many of the studies on this crime are scattered among traffickers and children,but the crime still has a lot of urgent problems in academia and judicial practice,Through the case analysis method combined with the literature analysis method,the author puts forward his own opinions on the difficult problems in the academic and judicial practice.This paper is divided into four chapters.The first chapter mainly discusses the definition of the legal interests of this crime.On the definition of the legal interests of this crime,there are many views in the academic circles.After analyzing the various theories,the author thinks that" personal freedom and physical safety"are defined as the legal interests More appropriate.The author of the crime of the crime of the issue of the dispute made a corresponding analysis,mainly for criminal law 241 paragraph 3 and paragraph 5 of the combination of treatment;criminal law 241 paragraph 2 and paragraph 5 of the combination of treatment and appointment of the crime of buying Number analysis.On this issue,some scholars believe that should be several crimes,some scholars believe that should be punished from a felony,the author through the in-depth analysis of the problem,that for the purchase of trafficked women,children have illegal detention behavior,and later The act of betraying shall be punished with the crime of trafficking in women and a child,and the act of committing the crime of committing the trafficked woman and the child and committing the crime shall be punished with the crime of rape and trafficking of women and children.The question of the number of crimes committed by the appointment should be implicated in a felony.In the third chapter,the qualitative analysis of the behavior of the sale of women and children is carried out.There are different opinions on the qualitative behavior of introduction behavior"in this crime.There are "accomplice","innocence","",The author of the above three kinds of doctrine analysis of the'accomplice said'more appropriate,and analysis of the crime" introduced behavior" in various forms.Chapter ? in the"Criminal Law Amendment 9" after the promulgation of the purchase of trafficked women,children were sentenced to the crime of analysis,the author first through the form of charts in 2016 on the crime of sentencing data analysis,and then from The relationship between the acquisition and the trafficking,the angle of legal protection,the omnipotence of the criminal law and the defects of the exercise of the judicial power.The author also stipulates that the crime should be exempted from the punishment.