Factors Influencing The Sentencing Of Child Abduction Crime

The crime of abducting and selling children,comparing children to commodities,not only violates the personal freedom of abducted and sold children,but also tramples on social ethics.Since 2001,the number of cases of child abduction and trafficking on file has been decreasing and the number of cases solved has been increasing,but the number of cases of child trafficking has been increasing.It is not only conducive to the prevention of crime,but also to the fair and reasonable direction of sentencing.The final sentencing result of our court often determines the final fate of the criminal.Abuse of discretion,excessive leniency,neglect or omission of sentencing circumstances will challenge the fairness of sentencing.In order to better understand the sentencing situation of the crime of abduction and sale of children,this paper randomly selects 180 sentences from all the sentences of the crime of abduction and sale of children from 2017 to 2019 on China judicial document network.Through the study of sample cases,we can understand the sentencing factors that the court refers to in the sentencing process in the judicial practice,and explore the factors that affect the sentencing of the crime of abduction and sale of children.Combined with the situation of this paper,this paper analyzes the problems in the process of sentencing,and puts forward corresponding suggestions,hoping to better adapt to crime and punishment in judicial practice.The article is divided into six parts,the structure is as follows:The first part is the introduction,the main content is the background of this topic and the significance of the research.It combs the domestic and foreign research status of child trafficking crime,and expounds the research methods of this paper.The second part is to sort out the contents of the sample judgment,clarify the factors influencing the sentencing of child trafficking crime,and interpret the documents related to the sentencing of child trafficking crime.Combing the contents of 180 judgments selected,this paper makes statistics on the regional characteristics,behavior mode,characteristics of the seller and the buyer,as well as the sentencing of the perpetrator.The third part is to analyze the influencing factors of the basic sentencing of the crime of abduction and trafficking in children.Firstly,by searching the judgment,thedistribution of the basic Sentencing Factors in the sample is statistically analyzed.Then from three aspects of the basic Sentencing Factors in the sample identification and application of the description,that is,from light to reduce the circumstances,aggravating the circumstances of punishment,discretionary sentencing circumstances.The fourth part is the empirical research on the factors that influence the sentencing of light mitigation circumstances and aggravation circumstances.The recognition of light mitigation factors is a little wider,so most of the actors in the sample judgment have light sentencing circumstances.The circumstances of Aggravating Punishment include statutory heavier punishment,subjective maliciousness,refusal to plead guilty and refusal to explain the whereabouts of abducted children.The fifth part is the research on the application of probation and the influencing factors of probation,that is,the application of probation in the process of judicial practice,as well as the sentencing factors considered when determining the length of probation.When the court applies probation and determines the length of probation,the reference factors are basically the same,that is,the circumstances of the crime,the degree of returning stolen goods and compensation,the performance of repentance and whether it is a recidivist.The sixth part is to study the factors that influence the sentencing of the crime of trafficking in their own children.Compared with the crime of trafficking in their own children in the traditional way,the number of cases of selling their own children for profit is increasing,which has become the focus and difficulty of the current anti kidnapping activities.Through the analysis of the reasons for the sale of their own children,we can get the difference of sentencing for different actors according to different reasons of the sale.The punishment of the perpetrator who sells his own children is lighter than that of other criminals.The court needs to consider many related factors when sentencing such criminals,so as to achieve the combination of leniency and severity,and adapt to the crime and punishment.