Research And Perfection About Legislation On The Crime Of Buying Abducted Women And Children In China

With the complexity of the international background and the diversification of the domestic society,the criminal cases of buying abducted women and children in China have emerged in endlessly,and the prohibition has not stopped,and the social harm brought by this has become more and more obvious.The existing legislation on the punishment of the crime of buying abducted women and children has effectively cracked down on the crime of buying,effectively curbed the occurrence of cases and safeguarded the legitimate rights and interests of the victims.However,through sorting out the legislative evolution,investigation of judicial application and analysis of the public voice in the society,the author also found that there are still deficiencies and defects in the existing legislation to regulate this behavior.Therefore,this paper will conduct an in-depth analysis of this crime,find deficiencies and shortcomings,clarify the "solid disease",dig out the root,and provide useful reference for the legislative perfection.To this end,firstly,the legislative evolution of the crime of buying abducted women and children is sorted out,and the changes and reasons of the charges and penalties in each stage are summarized,and the legislation is evaluated from the legislative background,effect and controversy.China’s criminal legislation on the crime of buying abducted women and children has experienced a development process from the initial stage to continuous improvement,especially the amendment(9)to the Criminal Law,which has modified the original provisions,and this change has strongly promoted the criminal law to fight against "buyer’s market".Secondly,through the analysis of the legislative level,analysis of the existing problems of the current crime,the legislative level of the crime is limited to women and children,legal punishment is too low,legal punishment type is single,sentencing circumstances to be improved.Thirdly,the author uses the method of comparative study to sort out and summarize the provisions of foreign legislation on this crime,and puts forward the reference of foreign legislation.Finally,combining with the reference of foreign legislation,the author puts forward suggestions for legislative improvement.One is to improve the provisions of conviction: change the charge to the crime of buying people,distinguish the source of women and children,distinguish the way of acquiring them;The second is to perfect the penalty setting: raise the legal penalty of the crime,add the property penalty of the crime,reasonably apply the non-imprisonment penalty;Third,perfect the circumstances of sentencing.Based on the above research direction,we can solve many related dilemmas,and hope to "punish trafficking" and "promote rescue" coordination,to achieve the effect of both symptoms and root causes.In a word,to discuss this crime,it is necessary to modify the existing provisions of charges,statutory penalty Settings,sentencing circumstances to conform to China’s reality and the existing theory,so that China’s criminal legislation to regulate the crime of buying abducted people can be in line with the international community.