Article 241 Reflections On The Practice Of Judicial Application And Research On Countermeasures

The law of a generation is not just good in legislation,but in usage.Under the pro-lun social system of our country,the case of buying and selling women and children is full of the game of sentiment law in judicial discretion:"law "must follow,because of behavior and harm can be responsible;"feeling" must say,because"feeling" can be compassionate also.However,there is a serious imbalance in the judgment of this kind of cases in the judicial practice of our country,the application of the law lacks the universal standard,and the judicial personnel's discretion on the crime and non-crime,the crime is too heavy.In view of this,it is necessary to systematically study the problems existing in the judicial application of Article 241 of the Criminal Law,to explore the way to deal with it,to enhance the judicial warmth and realize both the law and the law on the basis of adhering to the existing legal norms.Specifically,at the beginning of legislation,the criminal law of our country has made the crime of buying trafficked women and children specific.Therefore,under the background of unaltered legislation,judicial personnel should adhere to the legal principle of crime and punishment,abide by the modesty of criminal law,distinguish between cases in which parents sell their own children and ordinary cases of abduction and trafficking,respect common sense and normal emotions,and clarify the boundary of crime regulated by article 241 of criminal law.On this basis,combined with the legal situation,regulate the application of punishment.When the offender has the circumstances of aggravated punishment such as multiple buy-outs,he should apply the non-custodial sentence carefully and implement the statutory penalty of imprisonment,while in the face of the special circumstances in which trafficked women and children must continue to live with the buyer,the provisions of immunity from criminal punishment shall be applied,as appropriate,taking into account the kinship of human beings.So that the perpetrators should be punished at the same time,to maximize the protection of the interests of victims,so that the rights of victims get real relief,effectively play the role of judicial dispute resolution,enhance judicial credibility.