Research On The Judicial Dete Rmination Of The Crime Of Buying Abducted Women And Children

Human trafficking is a long-standing problem in most countries of the world.Women and children are vulnerable groups,because of their own physiological reasons easy to become criminals trafficking targets.China ’s law uses the crime of trafficking and buying to regulate such acts,but in reality,the former is far more important than the latter.Buying women and children also has serious social harm,not only damages the legitimate rights and interests of women and children,but also destroys countless complete families,leading to increased social instability.After the introduction of the "Criminal Law Amendment(IX)," the punishment of buyers was increased,but it was still not enough,and the voice of severely punishing buyers was increasing.At present,there are few research results on this crime,the theory and legislation are not perfect,the boundaries of the judicial process are blurred,and the problems are frequent.This paper aims to sort out the general situation,theoretical problems,legislative problems and judicial identification of this crime,discuss the problems and finally solve them.Firstly,it discusses the judicial identification of the crime of buying abducted women and children,including the concept,evolution and current situation.Start to understand the concept,have a preliminary understanding of this crime.After that,by discussing the development of judicial determination of this crime from ancient times to the present,it is found that the importance of buying women and children has been low,and the corresponding theoretical research is insufficient.Finally,it discusses the current situation of judicial determination of this crime and points out the problems existing in the current judicial work.Secondly,it discusses and analyzes the general and special problems existing in the judicial determination of the crime of buying abducted women and children.At first,it puts forward the problem of crime constitution and penalty,and analyzes the five aspects of defining the legal interest,objective behavior,behavior object,subjective purpose and the applicable conditions of light punishment.After that,the special problems of judicial determination are put forward,and the contents of special behavior and special situation are analyzed.Finally,it discusses the solutions to the judicial determination of the crime of buying abducted women and children.For the general and special issues raised above,the author puts forward his own suggestions.First,on the general issue,improve the relevant content of the constitutive elements of this crime,and reset the applicable conditions for sentencing.After that,on special issues,we should clarify the identification of special behaviors and special situations in reality,form unified standards,and guide judicial work.