Research On The Crime Of Human Trafficking In Early Republic Of China

The crime of human trafficking is age-old,but mainly refers to illegal population trafficking in ancient China.Crime was particularly rampant in periods of regime change and social unrest.Such crimes not only endanger individual freedom,but also destroy the family and marriage relationship,and will greatly affect the stability of social order.Successive dynasties have cracked down on such illegal trafficking banned repeatedly and imposed harsh penalties.At the end of the Qing dynasty,social upheaval and rule of law changed.The human trafficking ran wild again.The judges on such crimes by the Supreme Court in the early Republic of China not only reflected the level of the judicial adjudication at that time,also effectively guided lower trials,influenced the legislation and justice in later generations,served a connecting link in the era.Based on <A Compilation of the Criminal Precedents of the Supreme Court in the Early Republic of China(1912-1928)-Specific offenses> by Mr Huang Yuan sheng,this paper combines with the code and special laws and regulations,explaining cases and criminal law theory,carries out case study,in order to glimpse the judicial practice of such crime.This paper is divided into five parts,including introduction and four chapters.The introduction introduces the significance of the topic,puts forward theissues of the present study that human trafficking problems need our long-time attention,and explains the necessity of the study,which inspire from the historical truth,and fills the gaps in academic research.Next,the introduction has carried on the review and outlook on the researches,including judicial historical files and related researches.The first chapter introduces the clauses and judicial interpretation of the crime.Firstly it introduces legislative background,secondly introduces the provision of criminal law code,also issued a series of special laws and regulations,constitute the system of the criminal legislation in the early Republic of China.In addition,a series of explanatory precedents,has become an important method of source guides lower trial judge.In particular,the issue of the legal application of the trafficking in population has been properly solved through the interpretation of the Supreme Court.The second chapter introduces the identification of crime.In this chapter,through the study of the case,the article summarizes the crime elements and aggravating circumstances of the crime: Firstly,the identification of the criminal act;Secondly the determination of crime and non-crime situation;Thirdly,the determination of "intention to make profit";The fourthly,the identification of the crime competition.The third chapter introduces the special problems in the crime.Which means it is "crime handled only with complaint " in the early Republic of China,through case has been clear about the scope of the right to complain,and the way and the order of complaining,in addition,the marriage relationship pulls back the complaint situation.The fourth chapter is the analysis and reflection of the aforementioned laws,precedents and interpreters.One is to summarize the basic types of the crime.The second is to reveal the cause of the crime.Thirdly,raises enlightenments to the case study are proposed based on the above analysis,providing useful thinking for the contemporary legislative and judicial work.