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Study on the Controversial Issues of Abduction and Trafficking of Women and Children Crime: Legislative and Judicial Strategy Adjustments to Combat Crimes of Abduction and Trafficking

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DOI: 10.23977/law.2023.020310 | Downloads: 48 | Views: 453

Author(s)

Ruoxi Li 1

Affiliation(s)

1 College of Criminal Law, Northwest University of Political Science and Law, Xi'an, China

Corresponding Author

Ruoxi Li

ABSTRACT

In recent years, the crime of trafficking has posed a serious threat to social security. At present, the general controversy about the crime of abduction and trafficking of women and children mainly focuses on the determination of the object of the crime. At present, crime has taken on a new shape, which leads to many problems that can not be solved in the current legislation. Therefore, this paper holds that the "right to personal dignity" should be defined as the legal interests infringed by this crime. Based on this, this paper further adjusts the legislative and judicial strategies of this crime, and proposes to modify the current "crime of trafficking in women and children" into "crime of trafficking in human beings", which provides reference opinions for solving the controversial issues of the crime of trafficking in women and children.

KEYWORDS

The crime of abduction and trafficking of women and children; Object of the crime; Human trafficking; The right to human dignity

CITE THIS PAPER

Ruoxi Li, Study on the Controversial Issues of Abduction and Trafficking of Women and Children Crime: Legislative and Judicial Strategy Adjustments to Combat Crimes of Abduction and Trafficking. Science of Law Journal (2023) Vol. 2: 62-72. DOI: http://dx.doi.org/DOI: 10.23977/law.2023.020310.

REFERENCES

[1] Huang Zhongliang, Weng Wenguo, Zhai Binxu. Characteristics and Governance Strategies of Trafficking in Women Crime in China: An Analysis of 1038 Judgments. Journal of People’s Public Security University of China (Social Science Edition), 2019, 35(5), 9.
[2] Li Jin. Research on Trafficking in Persons Crime. Shanghai: Fudan University, 2014.
[3] Qu Xinjiu. Criminal Law (6th Edition). Beijing: China University of Political Science and Law Press, 2022.
[4] Zhao Changqing. On the Theory of Constituting Trafficking in Persons Crime and the Criminal Charge. Modern Law Science, 1992(1), 11-16.
[5] Zhang Mingkai. Criminal Law (6th Edition). Beijing: Law Press China, 2021.
[6] Zhao Bingzhi, et al. Criminal Law. Beijing: Beijing Normal University Press, 2010.
[7] Wang Zhixiang. Reflections on Adjusting the Criminal Charge for Trafficking in Women and Children Crimes. Research on Rule of Law, 2014(11), 8.
[8] Zhao Shanshan. The Inquiry of Legal Interests and Normative Reconstruction on the Crime of Buying Women Sold into Marriage. Legal Science (Journal of Northwest University of Political Science and Law), 2023(1), 147.
[9] Li Ming. Analysis of the Phenomenon of Trafficking in Persons and Solutions to the Dilemma. Legal System and Society, 2015(19), 3.
[10] Luo Xiang. On the Legislative Revision of the Crime of Trafficking in Persons. Tribune of Political Science and Law, 2022(6), 3.
[11] Sun Wei. Comparative Analysis of the Right to Dignity in the Constitution and the Personality Rights in Civil Law. Legal System and Society, 2021(3), 1-2.
[12] Li Zhenshan. Human Dignity and Human Rights Protection. Taipei: Angle Publishing Co., Ltd., 2001.
[13] Xiao Zhonghua. Analysis of the Crime of Infringing on Citizens’ Personal Rights. Shanghai: Shanghai People’s Publishing House, 2007.
[14] Hong Dandan, Li Gang, Xu Jiahui, Xu Feng, Zhou Junjun, Huang Yushan, Du Mengjia. Spatiotemporal Differentiation and the Formation Mechanism of Transnational Women Trafficking in Anhui Province. Tropical Geography, 2022, 42(9), 1500-1512.
[15] Zhao Bingzhi. Typical Cases Research on Chinese Criminal Law (Volume IV): Crimes of Infringing on Citizens’ Basic Rights. Beijing: Peking University Press, 2008.
[16] Guo Jing. Research on Transnational Trafficking in Persons Crime: From the Perspective of International Criminal Policy. Beijing: Law Press China, 2017.
[17] Lan Lihong. Comparative Study of Prevention and Control Strategies for Trafficking Crimes: From the Perspective of the Implementation of the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children. Beijing: People’s Public Security University of China Press, 2014.
[18] Zhou Gang. Research on the Prevention and Control of Trafficking in Women and Children Crimes. Rural Economy and Science-Technology, 2017, 28(9), 2.
[19] Guan Ailin. Research on Several Issues of Trafficking in Women and Children Criminal Charge. Jilin: Jilin University, 2014.
[20] Wang Jinling. Research on Trafficking and Abduction of Persons in China. Beijing: Social Sciences Academic Press, 2014, 1-576.
[21] Zhao Jun. Brief Discussion on the Legislative Defects of Trafficking in Persons Crime in China: From the Perspective of Shanxi Brick Kiln and “The UN Trafficking Protocol”. Law Review, 2008(1), 98-101.
[22] Liu Yiting. A Study on the Conviction and Sentencing of Trafficking and Purchasing Women and Children Sold into Marriage: Perspectives from the Myanmar Scam and Feng County Trafficking of Women and Children Cases. Heilongjiang Human Resources and Social Security, 2022(15):86-88.
[23] Liu Xianquan. O Improving Chinese criminal law in respect of punishing crime of abducting and trafficking in people. Legal Science Monthly, 2004:1090-1099.
[24] Du Qinggui. On the Legislative Improvement of the Crime of Trafficking in Women and Children. People’s Forum, 2011, (6), 2.
[25] Huang Xiaozhou. The Right of Personal Dignity and Its Reality: Between Kant and Hegel. Journal of Guangxi Normal University (Philosophy and Social Sciences Edition), 2016, 52(6), 6.
[26] Zhang Ping. A Comparative Study of the Right to Dignity in the Constitution and the Personality Right to Dignity in Civil Law. Gansu: Gansu Institute of Political Science and Law, 2012.
[27] Lao Dongyan. Legal Interests and Unlawful Nature of Trafficking in Persons Crime: An Inquiry into the Legislative Examination of the Crime of Purchasing Women Sold into Marriage. Journal of National Prosecutors College of P.R.C, 2022, (4), 54.

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