Research On The Legislative Perfection Of The Crime Of Human Abduction And Trafficking

The issue of human trafficking has always been a key concern of the country,and effective crackdown on human trafficking crimes is related to people’s happiness and social harmony.As an issue that has existed since ancient times and remains an international problem in today’s era,human trafficking is a gross violation of human rights and poses a serious threat to social stability.Whether it is historical legislative provisions or countries and regions around the world today,they are committed to cracking down on the crime of human trafficking,continuously punishing and preventing it in legislation and policies.The current legislation on the crime of trafficking in persons in China is manifested as the crime of trafficking in women and children.The discussion of this crime often focuses on limiting the scope of the criminal object,but the shortcomings of specific provisions such as the scope of application and sentencing circumstances of this crime often make it difficult to accurately apply in judicial practice.The legislation on the crime of trafficking in persons in China has shifted from the crime of trafficking in persons to the crime of trafficking in women and children.However,due to social development and changes in criminal methods,the existing crime of trafficking in women and children has problems such as insufficient consideration of infringement of legal interests,limited criminal targets,and fewer provisions on sentencing circumstances.The above legislative issues are reflected in judicial practice as significant differences in the expression of legal interests and controversial issues related to the application of charges and the range of sentencing.Comparing the legal systems of various countries and regions,as well as the United Nations,it has been found that foreign legislation focuses on the protection of specific groups and methods for crimes related to human trafficking on the basis of universal protection.After reviewing the history and legislation of our country,it was found that this crime has been punished with severe punishment since ancient times.In the Tang Dynasty,there was a tradition of distinguishing and sentencing based on criminal means.However,due to the historical background,the protection targets of the charges were not everyone.Although legislation began to undergo qualitative changes and development after the end of the Qing Dynasty,showcasing modern human rights awareness,due to limitations in historical concepts and economic levels,the protection of individuals was not truly achieved in judicial practice.In order to improve the existing charges of human trafficking,it is necessary to first clarify that the infringement of legal interests is the right to personal freedom and dignity of the abducted person,and expand the scope of the criminal object to all individuals.Therefore,the description of this crime should be modified to the crime of human trafficking to adapt to the scope of this crime;Secondly,starting from the hierarchical three-level system of illegality,responsibility,and quantity of crimes,the purpose of the crime of trafficking in human beings is modified to be exploitation,and the original aggravating plot is revised to be "raping and trafficking the victim".The aggravating plot is added to include "those who engage in the crime of trafficking in human beings with specific identities should be given heavier punishment" and "forcing the victim to engage in critical labor",and the legal leniency situation is improved,Add a lenient circumstance of "releasing the abducted person to a safe place before the first instance hearing";Finally,in order to ensure the systematic nature of the law,relevant crimes will be modified to truly improve the legislative system for this crime.