1. Generally, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined;
2. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated;
3. If the circumstances are especially serious, he shall be sentenced to death and his property shall be confiscated.
Abduction and trafficking in women and children refers to one of the acts of abducting, kidnapping, buying, selling, picking up and transferring women and children for the purpose of selling.
Traffickers are so hateful, why not all be sentenced to death?
Traffickers break up families, wives and children, which is extremely hateful. The slogan of "the death penalty for all" is really deeply rooted in people's hearts and won everyone's recognition. However, looking back, can a simple and rude "one size fits all" really put an end to the crime of human trafficking? Is there any deep meaning behind the law of "keeping people with swords"? I'm afraid all these are worthy of further discussion. In fact, China's laws stipulate that the maximum penalty in crime of trafficking in children has reached the death penalty, but the application of the death penalty is conditional. According to the law, when the crime of traffickers is particularly serious, the law can impose the death penalty. On 200 1, the Higher People's Court of Yunnan Province made a judgment on a criminal case of kidnapping and selling children, and three of the 69 criminals were sentenced to death according to law. In addition, the remaining 66 criminals were sentenced to suspended death and life imprisonment for different crimes. Such punishment is undoubtedly very severe, but obviously, there is still a certain gap with the public's appeal-"all death sentences."
Article 240th of the Criminal Law of People's Republic of China (PRC) stipulates: "Whoever abducts and sells women and children shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined; Under any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated; If the circumstances are particularly serious, he shall be sentenced to death and his property shall be confiscated. " It must be said that the formulation and implementation of the law requires not only repeated argumentation, discussion and investigation, but also the collection of opinions from all sides, and its operation process is comparable to a precision instrument.
In fact, legislators and judges turn a blind eye to "all death sentences", which is not an indulgence, but has far-sighted significance. If the death penalty is imposed regardless of the severity, then traffickers may have even more evil thoughts: "Anyway, turning one is also dead, and turning two is also dead. Then transfer a few more and earn enough money. Anyway, kidnapping a person will be executed, and it doesn't matter how many people are killed or left behind. Since a kidnapper has been sentenced to death, he will fight to the end even if he dies, and he must never be caught. " Once these mentalities come true, the corresponding consequences will be: human trafficking and other criminal acts will no longer exist, and most traffickers will take this as their lifelong career; Children and women who are trafficked will be more likely to be killed and raped, and traffickers will no longer have too much concern; The illegal cost of traffickers is higher than that of drug crimes, and armed resistance to arrest may not be just imagination.
On the other hand, under the current law, other punishment measures have at least played a positive role in guiding traffickers who have violated the law.
For example, don't hurt abducted women and children again, otherwise it will aggravate your crime; Don't fight back when you find a crime, because crime won't die; Traffickers who have gone astray can still pull back from the brink, and the law will not catch them all after all, and so on. Although these potential positive factors can't put an end to the crime of human trafficking, they can undoubtedly avoid more evils. Comparing the two, it is not difficult to find that the doctrine of severe punishment has brought a series of side effects while solving the problem of human trafficking.
To truly solve the problem of human trafficking, we must start from two aspects:
1. Constantly strengthen law enforcement. Beccaria once said that "the deterrent power of punishment lies not in its severity, but in its inevitability". In fact, this sentence can be understood as follows: I'm not sure what punishment there will be, even the death penalty, it's not that terrible. Only by truly "reaching out will be caught" will the psychological cost of criminals be increased and a powerful deterrent force be generated, thus effectively putting an end to crime.
2. Strictly control the demand side. If child trafficking is discussed at the economic level, it is the demand that determines the market. It is precisely because there is a large demand in society to buy off children that traffickers will take risks. Therefore, to put an end to this kind of behavior, I am afraid it is necessary to strictly control the purchase behavior from the demand side. At the same time, improve the legal adoption mechanism and guide the demand for illegal purchases to legal channels.
legal ground
Criminal law of the people's Republic of China
Paragraph 1 of Article 240: Whoever abducts and sells women and children shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined; Under any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated; If the circumstances are especially serious, he shall be sentenced to death and his property shall be confiscated:
(1) The ringleader of a group that abducts and sells women and children;
(2) Abducting and selling more than three women and children;
(3) raping a trafficked woman;
(4) luring or forcing trafficked women to engage in prostitution or selling trafficked women to others for forced prostitution;
(5) Kidnapping women and children by violence, coercion or anesthesia for the purpose of selling;
(6) Stealing infants and young children for the purpose of selling;
(7) Causing serious injury, death or other serious consequences to abducted women, children or their relatives;
(8) Trafficking women and children abroad.