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The Perfection Of China's Anti-trafficking Legal System

Posted on:2019-08-19Degree:MasterType:Thesis
Country:ChinaCandidate:M X XuFull Text:PDF
GTID:2416330578469442Subject:Law
Abstract/Summary:PDF Full Text Request
Trafficking in human beings is a serious violation of personal dignity,personal freedom and personal safety,which greatly jeopardizes the harmony and stability of society and is a modern form of slavery.The international community has responded positively to human trafficking crimes and in 2000 adopted the Palermo Protocol.The Protocol is a supplementary treaty of the United Nations Convention against Transnational Organized Crime.The definition of human trafficking has been summarized and developed.Its basic framework consists of three parts:prevention and combating human trafficking,victim protection and international cooperation.At present,China does not have a special system of anti-trafficking laws.The content related to trafficking in human beings is mainly reflected in the 260th crime of trafficking in women and children and the 262 abduction of children in criminal law.In addition,laws,regulations and judicial interpretations such as the Security Administration Punishment Law,the Labor Law,the Women's Rights Protection Law,the Juvenile Protection Law,and the Adoption Law also cover provisions related to trafficking in persons.Although this kind of legislative model reduces the cost of legislation to a certain extent,the content is scattered,and these laws differ in terms of legislative principles,objectives,or time of revision.It is inevitable that there will be inconsistencies or conflicts between the relevant regulations.Where it is.Moreover,after China?s ratification of the Palermo Protocol in 2009,the current relevant laws and regulations are insufficient to combat trafficking in human beings and to protect the legitimate rights and interests of victims.This article will start with the basic issues of the concept of human trafficking,the status quo and characteristics of human trafficking in China,and conduct an in-depth analysis of the imperfections in China's anti-trafficking legal system in accordance with the relevant provisions of the Palermo Protocol.I will contact the cases of trafficking in women and children in actual work,especially in the investigation of cross-border trafficking cases,and study and make reconmendations on how to develop and improve our anti-trafficking legal system.At the same time,two important tools for the protection of victims:the victim screening system and the national referral mechanism will be introduced and discussed,and it is hoped that in theory and practice,it can provide practical suggestions for addressing the protection of victims of trafficking.
Keywords/Search Tags:trafficking in persons, trafficking, legal system, national referral mechanism
PDF Full Text Request
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