Reflection And Improvement Of The Legal Principle Of Criminal Punishment Of Child Abduction

The crime of child abduction infringes on children's personality right,life and health right,and also infringes on family rights of abducted children.At present,the situation of child abduction crime in our country is still serious and cannot be controlled effectively.This grim social situation is closely related to the insufficient punishment of child abduction crime in our country.From the grim reality of child abduction and trafficking in China,this thesis illustrates the harm caused by child abduction and trafficking,including the infringement of the rights and interests of the abducted children and the damage to the rights and interests of the abducted children's families.Based on the comprehensive analysis of the research status of child abduction crime,this thesis makes a legal reflection on the punishment of child abduction crime from the perspective of family rights protection,and puts forward some targeted Suggestions to improve the punishment of child abduction crime.This thesis will be divided into three parts to reflect on and perfect the punishment of child abduction.The first part mainly carries on the legal principle appraisal to the child abduction crime punishment present situation as well as the punishment main principle.First of all,this thesis expounds the actual situation of the legislation of China's current criminal law on the crime of abducting and selling children,respectively analyzes the legal principle of the crime and the principle of the compatibility of guilt with punishment,and points out the deficiencies in the application of the criminal penalty principle of abducting and selling children.It further demonstrates that the present criminal punishment of child abduction does not pay enough attention to the damage caused by the family rights and interests of abducted children under the modern family structure.The second part mainly discusses the protection of family rights and interests and the design of punishment for child abduction.To protection of the rights and interests of the family as the basis,put forward the specific requirements of child trafficking crime punishment of the crime,to reassess child trafficking crime subjective vicious,combines the actual conditions of child trafficking crime to the family rights and interests is caused social harm,re-examine child trafficking crime punishment,is put forward on child trafficking crime sentencing measure impose severe punishment on specific requirements.The third part puts forward the suggestion of aggravating the criminal punishment of child abduction.Great importance to family rights and interests is caused damage,from severe punishment of crime of buying abducted children,improve the minimum statutory punishment,child trafficking sin of child trafficking crime shall be given heavier punishment to carry out specific measures such as improving Suggestions on child trafficking crime punishment,a powerful blow to child trafficking crime,curbing crime trend of expansion.As the last line of defense to safeguard social fairness and justice,the justice advocated by criminal law should be consistent with the common values of China.The legal reflection on the punishment of child trafficking crime from the perspective of family rights and interests protection and the improvement of ideas are the integration of local and modern characteristics of China's legal construction,and the requirements of building a socialist legal society with Chinese characteristics.