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

In the remote rural areas of China,because of the backward feudal ideology and the local people’s low legal awareness,the criminal activities of buying and selling women and children are rampant.Although the number of such crimes has decreased recently due to the government’s strict crackdown,there are always some criminals who cannot resist the temptation of huge profits and continue to take risks in the road of trafficking women and children.After stepping into the Internet era,people can obtain a large amount of information through the Internet.A variety of appalling cases of buying and abducting women and children are constantly heard,such as the case of the Iron Chain woman in Fengxian County,Xuzhou at the beginning of the year.These crimes not only hurt the physical and mental health of the abducted women and children,but also dealt a serious blow to the families of the victims.It is also a blow to the aspirations of ordinary people for a stable and harmonious living environment.Human traffickers play the role of sellers,and the completion of the transaction requires both buyers and sellers to exist at the same time,so the buyer is indispensable.Gradually,some scholars focus on the buyer’s market and discuss the legal penalties on buyers.In our country’s legislation on the crime of women abducted and sold and bought children the phenomenon that severely cracks down on the behavior of buying and selling has also been existing.There is a great controversy in the academic circle about whether to revise the punishment of the crime of buying and selling abducted women,which can be summarized as the enhancement theory and the maintenance theory,and the enhancement theory can be subdivided into the purchase and sale of the same punishment theory and the appropriate enhancement theory.To maintain the punishment of the crime of buying abducted women,there are some problems,such as the imbalance of the punishment of the crime of buying abducted women and the crime of abducting abducted women,not conforming to the characteristics of the crime of buying abducted women.At present,it is difficult to realize the good effect of crime prevention in our country’s setup of purchasing women abducted and trafficked crime.Through analyzing the theory to the offender,we can prove the necessity of our country’s criminal legislation to increase the penalty of purchasing women abducted and trafficked crime.In addition,under the unified pattern of global criminal law,purchasing crimes,as one of the important crimes resisted by the international community,the criminal law of our country can also learn from and refer to relevant international norms and criminal law norms in other legal regions,and appropriately increase the penalty of buying women abducted and trafficked,and try to establish penalty by classification and add fine penalty maintenance theory emphasizing the provision of multiple crimes combined punishment.Ignoring the independence of buying behavior.The interests of the law on the crime of buying and selling human beings should be defined by the dignity of human beings,and the right not to be bought and sold is the main content of the dignity of human beings.In view of the problems existing in the current practice in dealing with the buying crime,from the judicial level,it is necessary to strengthen the punishment of the buying crime and make full use of the existing relevant provisions in the criminal law.At the legislative level,it is necessary to clearly convey the value position that the buying crime is a felony,and appropriately enhance the legal punishment of the buying crime.In addition,the crime should be changed into the crime of buying population,and the criminal law should protect the dignity of each subject equally.According to the principle of balance between crime and punishment,the legal punishment for the crime of buying abducted women and children should be raised appropriately for the need of justice in punishing crimes and rationality in preventing crimes.In the judgment of increasing range of legal punishment,combined with domestic and foreign legislation,we can consider raising the maximum legal punishment of this crime to 5 years’ imprisonment.In terms of criminal justice,the punishment of this crime can be improved by appointing courts to judge in different places and relaxing the application of justifiable defense.