A Study On The Judicial Determination Of The Crime Of Trafficking In Women

The crime of trafficking in women in Article 240 of the Criminal Law is a key crime in recent years.This crime is to sell women as goods.Due to the special nature of the criminal object,there are some problems in judicial practice that lead to different cases of same sentence Occurring,this article collected a total of 870 criminal judgments from 2009 to 2019 in the China Judgment Documents Network.According to the three-tier crime system,the data were analyzed and analyzed in order to help the judicial practice.Introduction: In recent years,there has been an endless stream of news on the crime of trafficking in women.Most domestic related papers are theoretical research on some of the problems of this crime.For the time being,no national judgment has been collected for empirical research on the three levels of crime.Conduct empirical research on the three levels of crime.Chapter ?: This chapter describes the method and process of obtaining criminal judgments,then sorts and organizes the criminal judgments according to provinces,years,and trial procedures,and analyzes the data.The pie charts and tree diagrams describe the results of data classification and visualization.Chapter II: This chapter analyzes and sorts out the legal benefits of the crime of trafficking in women in the criminal judgment,and analyzes it theoretically.The legal benefit of the crime of trafficking in women should be woman's physical safety and freedom of movement in their original living environment.Chapter III: This chapter analyzes the opinions on the constituent elements of the crime of trafficking in women in the criminal judgment and analyzes it theoretically.Article 240 of the Criminal Law has fully enumerated the implementation of the crime of trafficking in women,that is,the crime is determined to strictly comply with the provisions of the law,and the law also clearly specifies the subjective constituent elements of the crime,that is,For the purpose ",the boundary between the attempted and the attempted should be based on the strength to control the abducted women,not the actual sale.The role of the accomplice should be judged on the basis of the case.Chapter ?: This chapter analyzes the illegality of the crime of trafficking in women in the criminal judgment.It is theoretically established that perpetrators implement legitimate defense and emergency hedging by means of trafficking in women.In the reasons for the obstacles beyond the law,the effect promised by the victims here should be acknowledged,because the legal benefit of this crime is purely personal legal interest.Chapter ?: This chapter mainly summarizes the data on the determination of the defendant's responsibility in criminal judgments.In judicial practice,different courts have different judgments on the sentence of this crime,especially in the fines.The case is about the same,but the fines The amounts vary widely.The author believes that the determination of the defendant's responsibility should only be based on the facts of the case,and should not be affected by other factors such as the defendant's economic situation.Conclusion: This chapter summarizes the problems in judicial practice reflected in the criminal judgment,with a view to avoiding these problems in judicial practice,and the three levels of crime can be helpful in the determination of this crime.