Research On The Existing Problems Of The Crime Of Buying Trafficked Women

In recent years,with the exposure of an eight-child woman in Xuzhou’s Feng County,people began to pay more attention to the crime of buying trafficked women.The issue of punishment for the crime of buying abducted women has always been in the research field of the academic circle.After the outbreak of this incident aroused the attention of the whole Internet,the research literature on this crime increased rapidly.Many scholars published articles one after another or discussed whether the legal punishment of this crime should be adjusted,or whether the main problem of this crime is in the judicial level.This paper discusses the problems of this crime in legislation,judicature and society,and puts forward corresponding suggestions for these problems.This paper mainly discusses from the following aspects:The first part firstly combs the legislative evolution of the crime of buying trafficked women in China,including various provisions related to this crime in ancient China and the establishment and modification of this crime in modern times;Secondly,it sorted out the relevant provisions on the crime of trafficking in human beings from the international convention,common law countries and civil law countries.The second part sorts out the relevant disputes existing in the academic circle.Firstly,it expounds the debate about whether the crime should be abolished or retained.Secondly,it expounds the debate about whether the crime is a misdemeanor or a felony in the academic circle,and shows the position of this thesis.Finally,it integrates the academic viewpoint about what kind of legal interest is protected by this crime,and shows the legal interest position of this crime.The third part is the part of raising questions,this paper analyzes the crime and punishment of this crime from three dimensions of legislation,judicature and society,and puts forward the existing problems in three different aspects.The main problems in the legislation are the light setting of legal punishment,the few types of punishment and the single range of sentencing.The judicial problems are reflected in the high proportion of light punishment and non-actual punishment and the effective application rate of combined punishment for several crimes is not satisfactory.In the social aspect,it is mainly reflected in the deep influence of the traditional concept left by "cultural inertia",the serious gender imbalance and the excessively high amount of betrothal gifts.The fourth part is the suggestions for the above problems.In terms of legislation,the minimum statutory punishment of this crime should be appropriately raised,property punishment can be added to increase the types of statutory punishment,and one statutory punishment can be added to the range of punishment,and the provisions of aggravated crime should be provided.Judicially,it is necessary to increase the intensity of judicial attack on this crime to reverse the current situation of light punishment,reduce the application rate of probation of this crime,and correctly apply the provisions of combined punishment for several crimes,improve the effective application rate of the provisions of combined punishment for several crimes;At the social level,it is necessary to spread modern and correct values to weaken the influence of traditional ideas.At the same time,it is necessary to start from the causes to alleviate the current gender imbalance and the abnormal high bride price phenomenon.