Research On The Application Of Justice To The Crime Of Child Abduction

The crime of abduction and sale of children is a serious crime of infringing upon the personal freedom of citizens.As a common crime with historical origins,the state attaches great importance to and severely attacks it,and criminal activities still present a high incidence trend.The state punishes the crime of abducting and selling children according to law,which is not only related to the vital interests of the masses of the people,but also related to the overall situation of social harmony and stability.The masses have a strong sense of severely punishing the crime of abducting and selling children.However,in the judicial practice,the existing controversial issues fail to respond in time,which not only harms the simple feelings of the masses,but also affects the preventive effect of the criminal law.In this paper,through some cases,we will analyze the three difficult problems in the judicial application,which are the conviction of selling the natural children,the stopping form of the crime of abducting and selling children and the joint crime.This paper holds that to solve the above-mentioned judicial determination of the crime of trafficking in children,it is essential to return to the protection of legal interests and elements of the crime of trafficking in children.The legal interests violated by this crime should be the personal freedom,personal dignity and personal safety of the abducted child.In addition to the distinction between the sale of their own children,the abandonment of their own children and the sending out of foster care among the people,the accurate determination of legal interests is the key.The subjective purpose of the crime should be considered,and the purpose of profit should not replace the purpose of sale expressly stipulated in the criminal law.In this paper,in addition to the important factor of collecting money,we should consider the background of sending out foster care,the amount of money collected,the use of money and other factors comprehensively,and we should not regard it as the cause of crime because of family difficulties and the influence of patriarchal preference.When judging the attempted crime,we should combine the difference of the means,the middle and the result of the crime,and adopt the theory of control,the theory of service and the theory of completion.Before distinguishing the joint crime,we should make contact around the intention of the joint crime.First,we should determine whether the perpetrator should identify all the accomplices or part of the accomplices.As a transfer,transfer and other help behavior,should not be identified as an accomplice in the traditional one size fits all,should be identified more comprehensive and objective according to the actor's role in joint crime.