On the Crime of Buying Abducted Women and Children in Chinese Criminal Law
https://doi.org/10.17803/2587-9723.2023.6.078-085
Abstract
With the construction and development of a society ruled by law, the state pays more and more attention to the protection of human rights. Among them, the crime of abducting and trafficking in human beings stipulated in China’s criminal law has gradually attracted widespread attention from the society. While the state has cracked down on the crime of abducting and trafficking in human beings, the academic circles have aroused heated debate on whether it is necessary to amend the statutory penalty for the crime of buying abducted women and children.
In this regard, the discussion about «people are inferior to things» is also constantly fermenting between the mouthpiece of paper and pen. Starting from the legislative evolution and criminal constitution of the crime of buying abducted women and children, this paper discusses the problems of this crime in judicial practice based on the case data analysis of the crime of buying abducted human beings, and puts forward some suggestions on improving the statutory punishment and expanding the protected objects of this crime.
About the Author
Wenchao XuChina
Research fellow at the Institute of Crime Control and Criminal Policy, Henan University and Law School.
Kaifeng, Henan Province
References
1. Zhang Zhigang. Changes and Prospects of Criminal Law in New China in the Past 70 Years [N]. — People’s Court Daily, 2019.
2. Luo Xiang. On the Legislative Amendment of the Crime of Human Trafficking [J]. — Politics and Law Forum, 2022.
3. Gao Mingxuan, Ma Kechang. Criminal Law [M]. — Beijing : Peking University Press, Higher Education Press, 2022.
4. Zhang Mingkai. Criminal Law (II) [M]. — Beijing : Law Press, 2021.
5. Wang Zuofu. Practical Research on the Specific Provisions of Criminal Law (II) [M]. — Beijing : China Founder Press, 2010.
6. Li Guanyu. Is Human Dignity the Legal Interest of the Crime of Buying Abducted Women. — Juvenile Delinquency, 2022.
7. Kant. Theory of Moral Metaphysics / translated by Miao Litian. — Shanghai: Shanghai People’s Publishing House, 2002.
8. Wei Lei. Rural Disorder and Normative Reconstruction Behind the Crime of Buying Abducted Women [J]. — Juvenile Delinquency, 2022.
9. Liu Xianquan. On the Perfection of Criminal Law in Punishing the Crime of Abducting and Trafficking in Human Beings in China. — Jurisprudence, 2003.
10. Xu Wei. On the Theoretical Structure of Positive General Precaution and Its Legitimacy [J]. — Chinese Journal of Criminal Law, 2017.
11. Jiang Taike. The dogmatic structure of the act of buying abducted women and children under the principle of balance between crime and punishment [J]. — Journal of Southwest University of Political Science and Law, 2022.
12. Japanese Penal Code [M] / translated by Chen Ziping [et al.]. — Taipei : yuan Zhao Publishing Co., Ltd., 2018.
13. German Penal Code [M] / translated by Xu Jiusheng. — Beijing : Peking University Press, 2019.
14. Chen Ziping. On Criminal Law (I) [M]. — Taipei : Yuanzhao publishing Co., Ltd., 2019.
15. Zhu Xinli, Shi Xiaoxue. Research on the Legalization Strategy of Human Trafficking in China [M]. — Beijing : Law Press, 2017.
16. Guo Jing. Research on Transnational Human Trafficking Crime [M]. — Beijing : Law Press, 2017.
17. Wang Aili. Explanation of Articles, Legislative Reasons and Relevant Provisions of the Criminal Law of the People’s Republic of China [M]. — Beijing : Peking University Press, 2021.
18. Rudolph von Jhering. Struggle for Rights [M] / translated by Liu Quan. — Beijing : Law Press, 2019.
Review
For citations:
Xu W. On the Crime of Buying Abducted Women and Children in Chinese Criminal Law. Legal Science in China and Russia. 2023;(6):78-85. https://doi.org/10.17803/2587-9723.2023.6.078-085