Research On The Legislative Perfection Of The Crime Of Buying Abducted Women And Children

From ancient times to the present,the purchase of trafficked women and children has been repeatedly prohibited,especially in remote rural areas of our country.The inherent idea of succession and less stringent legal penalties are the main reasons why the buyer’s market is not curbed.Since the reform and opening up,China’s economic level has made great development,the people’s living standards have continued to improve,ideological awareness has continued to progress,and the purchase of abducted women and children has decreased.In the past,the Internet was not developed enough,the spread of information was far less rapid and widespread than today,and many crimes could not be known to people,but now,with the rapid development of the Internet,once the crime is committed,everyone will know about it,and likewise,the crime of buying trafficked women and children is also reaching people’s ears.This paper is divided into four parts to analyze the crime,trying to analyze the different views of different scholars on the existence of the crime through the analysis of the current situation,some scholars believe that the statutory penalty should be increased,only in this way to combat the buyer’s market at the source,in order to play a deterrent effect on criminals,by the "no sale,no harm " Some scholars think that the statutory penalty should be increased,and only in this way can the buyer’s market be combated at the source to deter criminals,influenced by the concept of "no sale,no harm",and believe that the buyer’s market should be combated more vigorously.In addition,the application of legal doctrine in the law has been introduced,and considering the "secondary harm" caused to the bought women and children,the legal sentence should not be increased.We analyze our own reasons for supporting the increase of the statutory penalty from the practical requirements of the law,the principle of adaptation of crime and punishment,the requirement of playing the preventive function of the penalty,and the purpose of legislation,and present analytical reasons for these reasons,and then propose specific proposals for adjusting the penalty for this crime in response to the current problems.Based on all these reasons,in order to study the improvement of the application of penalties mentioned in this paper,research methods such as literature research method and case analysis method are used,and legal theories such as the theory of prevention in penalties,the use of legal doctrine,and the purpose of legislation are applied;instruments about this crime are collected and data are processed and analyzed through poly-legal cases,and the reasons of supporters and deniers of increasing the statutory penalty are analyzed and The paper also analyzes the arguments of the proponents and deniers of increasing the statutory penalty,and explains their reasons.With regard to the improvement of penalties,this paper sets up a scientific gradient of penalties in accordance with specific circumstances,raises the conditions of application of probation,and increases the property penalty,etc.,in order to better protect the legitimate rights and interests of women and children.By analyzing the current situation in judicial decisions on the purchase of trafficked women and children in China and the causes of these problems,retrieving cases,collating data in cases,analyzing the range in which punishment for buying trafficked women and children is mainly concentrated,and at the same time calculating the application rate of suspended sentences,analyzing whether it is reasonable for the judiciary to impose a suspended sentence on the perpetrator when he confesses,does not abuse the abducted child,and does not hinder the rescue of abducted women and children.Then,by analyzing the supporters and deniers of the increase in statutory sentences and their respective reasons,we will consider whether the reasons proposed by scholars are reasonable by consulting books and literature,and make our own judgments.From the aspects of legislative purpose,the principle of proportionality of crime and punishment,and the preventive function of punishment,write down the reasons for supporting the increase of statutory punishment.In view of the current problems,put forward suggestions for improving the legislation on this crime,and put forward some specific measures so that the law can be better applied to judicial practice,can effectively crack down on the buyer’s market,and better protect the legitimate rights and interests of women and children.