Study On The Judicial Application Of The Crime Of Buying Trafficked Women

As a serious violation of personal rights,the crime of buying trafficked women has always been abhorred by the public.The offence of abducting and selling women abducted and trafficked and purchasing women abducted and trafficked belong to the opposite offense in theory.However,in our country’s judicial practice,the criminal punishment for purchasing women abducted and trafficked is far from the criminal punishment for abducted and trafficked crime.Especially after the Fengxian birth Mother of eight child incident,it set off a wave of whether to increase the legal punishment for this crime.The public almost fully supports the enhancement of the statutory punishment of this crime,and scholars in the field of law also put forward their opinions from their own fields.Therefore,whether the crime of buying trafficked women should be improved legally has formed a hot academic research.This paper uses literature research method and empirical research method to sort out the legislative evolution,legislative purpose and legal interests of the crime of buying trafficked women.Statistics and analysis of the data collected from Chinese judicial documents online;Combining with the data of Chinese judicial documents online,this paper puts forward the problems existing in the judicial application of this crime,and puts forward the countermeasures for the problems.Through the research,it is found that the focus of punishing the crime of buying trafficked women is not to improve the allocation of legal punishment,but to judicial and law enforcement.This study argues that Article 241 of the Criminal Law belongs to the attention provision,and judicial personnel should start from the systematic nature of the provision,comprehensively evaluate the behavior of criminals,and punish related crimes simultaneously for several crimes.Focus on victims with limited expression due to mental illness,according to the specific circumstances of the case,identify the crime of illegal detention and rape;In view of the tendency of leniency in criminal law,we should comply with the principle of matching crime,responsibility and punishment,and combine with the provisions of the Supreme People’s Court and the Supreme People’s Procuratorate "Sentencing Guidelines on Common Crimes(Trial)" to meet the requirements of standardized sentencing and remove the tendency of leniency.For the problem of high application rate of probation,probation should be reasonably applied according to the application conditions of probation,and combined with the specific situation,probation should not be applied to the offender who has committed more than two acts of purchasing and the object of purchasing is a woman suffering from mental illness.The situation that has formed a stable marriage relationship and is willing to continue living with the buyer can be considered probation.The application of exemption from criminal punishment in Article 37 of the Criminal Law shall be judged strictly and the reasoning of judicial documents shall be strengthened.The behavior based on "return or exchange of goods" infringes two independent legal interests respectively and belongs to two independent behaviors.Moreover,Chinese criminal law does not provide conditions for the crime to be heavier or to be upgraded to legal punishment.Therefore,the behavior of "return or exchange of goods" should be identified as a number of crimes and punished according to the provisions of combined punishment for several crimes.When the victim agrees to be "sold" after making the choice of giving up his personal dignity and satisfying the conditions of the victim’s commitment,the victim’s commitment can be used as the justification for preventing the crime of buying the abducted woman.