Research On The Judicial Application Of The Crime Of Buying Abducted Women And Children

The crime of buying and selling human beings has always been the focus of national attention,but the judicial practice and theoretical research mostly focus on the crime of trafficking.In fact,the social harm of the crime of buying and selling women and children cannot be ignored.Buying crime seriously tramples on individual personality dignity,destroys family and social order stability,violates public order and good customs,and easily causes social conflicts.In recent years,although the academic community have strengthened the research on this crime,they mostly focus on the discussion on the sentencing of this crime,ignoring the conviction of this crime,which makes the theoretical and legal basis of this crime in the judicial application process not sufficient,and the judgment result is easy to cause controversy.Therefore,it is very necessary to sort out the controversial issues of conviction and sentencing in the judicial application process of this crime.This paper hopes to further improve the theory of the crime by sorting out and analyzing related problems,so as to provide more scientific discretion basis for judicial practice and improve judicial efficiency.In the process of judicial application of this crime,there are many controversial problems in conviction and sentencing.In the aspect of conviction,it involves the identification of crime and non-crime,the number of crimes and joint crimes.In the aspect of sentencing,there exists the problem of improper application of actual sentencing.In terms of crime and non-crime,in order to clarify the boundary between the crime and illegal adoption,the standard of illegal profit should be refined first to determine the objective existence of abducted children,and then analyze whether the consideration paid by the perpetrator is reasonable and whether he has fulfilled a reasonable duty of care,so as to determine whether the perpetrator is subjectively knowingly intentional.In terms of the number of crimes,the behavior of buying and then selling is recognized as one crime of abducting and trafficking women and children,which has the disadvantage of not fully inclusive evaluation of criminal behaviors.In this regard,the legal provisions need to be reconstructed.When the last two offenses have clear boundaries,several crimes should be punished together.In this process,illegal detention,rape and other crimes should be evaluated according to their stage of intention,and whether there is an inclusive relationship between other crimes and the crime of buying trafficked women and children or the crime of trafficked women and children should be dealt with as one crime or a number of crimes;In joint crime,the act of intermediary introduction has the possibility of crime.On the basis of the theory of guilt,the emphasis on the doer’s help to deliberate in order to determine what the crime is.In sentencing,the judicial organs need to change the idea,standardize the application of the criminal penalty provisions,reduce the consideration of extra-legal factors,and improve the punishment of the perpetrator.