Study On The Crime Of Procuring Trafficked Women And Children

The issue of buying trafficked women and children has been a hot topic of concern in recent years in China.It not only relates to the personal rights and interests of the victims,but also affects the overall harmony and stability of the country and society.Since the enactment of the Criminal Law in 1997,there have been provisions that allow for exemption from criminal punishment for those who purchase trafficked women or children under certain conditions.This has led some people to believe that buying behavior will not be punished by law.This provision has a special historical background.Due to the difficulty of rescuing women and children who were trafficked at that time,the law had to balance and even compromise between protecting their personal rights and safeguarding the principle of proportionality of punishment.Although this exemption clause did solve the problem of difficult rescue to some extent,trafficking crimes was effectively curbed,and even made buyers of trafficked women and children more unscrupulous.As a result,the promulgation of the "Amendment to the Criminal Law of China(IX)"(hereinafter referred to as "Criminal Law Amendment IX")has increased the punishment for buyers,indicating that legislators are beginning to attach importance to the role of buyers in trafficking crimes and hoping to achieve the goal of curbing trafficking crimes by regulating buyers with criminal law.However,on the one hand,due to the imperfect legislative system and uneven judicial discretion in China,trafficking has become a low-cost,high-profit work business.As stated in Capital: "If 10% of the profits,capital is used everywhere on the guarantee;20% of the profits it alive;50% of the profits,it will take risks;to 100% of the profits,it dare to trample on all human laws;300% of the profits,it dares to commit any crime,or even run the risk of being hanged." On the other hand,as Chinese citizens become more aware of "human rights protection," the idea that both buyers and sellers should be punished is fermenting in society.The call for "punishment of trafficking women and children and buying women and children with the same crime" is becoming more and more resounding.Based on the above reasons,this article aims to analyze the problems of the current crime of buying trafficked women and children and propose improvement measures.It analyzes and compares the "higher punishment camp" and the "maintenance of punishment camp",attempting to address legislative issues by raising the statutory minimum sentence,setting aggravating circumstances,and increasing the fine.By analyzing 372 legal cases collected by the "China Judgments Online",the author explores the reasons for lenient sentencing and attempts to solve judicial application issues by implementing statutory imprisonment and unifying judicial recognition standards.In addition,through social comprehensive governance to jointly prevent trafficking crimes,it not only conforms to the basic criminal policy of combining leniency and strictness but also meets the requirements of truly serving the people’s needs.