收买被拐卖的妇女、儿童罪探析

Exploration and Analysis on the Crime of Purchasing Abducted Women and Children

收买被拐卖的妇女、儿童罪是指不以出卖为目的而收买被拐卖的妇女、儿童的行为。它侵犯的客体是被收买的妇女、儿童的人身自由和身心健康 ,其犯罪主体是一般主体 ,在客观方面表现为行为人实施收买被拐卖的妇女、儿童的行为 ,在主观方面表现为行为人必须出于直接故意 ,即行为人明知要收买者是被他人拐卖的妇女、儿童而仍决意予以收买。在认定收买被拐卖的妇女、儿童罪时 ,要分清其与拐卖妇女、儿童罪的界限 ,要分清罪与非罪、一罪与数罪的界限。收买被拐卖的妇女、儿童的 ,处三年以下有期徒刑、拘役或者管制。如兼犯有强奸、非法拘禁、伤害、侮辱、虐待等罪 ,应当以收买被拐卖的妇女、儿童罪与所犯其他罪实行数罪并罚。对于按照被买妇女的意愿 ,不阻碍其返回原居住地的 ,或者对被买儿童没有虐待行为 ,并且不阻碍对其进行解救的 。

The crime of purchasing abducted women and children refers to the conduct of purchasing them,not for the purpose of selling them;The object which the crime harms is the right of personal freedom of the purchased women and children;The main part of the crime is a general one:objectively the conduct of carrying out the purchase of the women and children;subjectively,the person who does the perchase and is out of direct deliberation,that is,the purchasing person clearly knows the victims to be purchased are abducted and still sticts to buying them.When affirming the crime of purshasing,we must make clear the limits of the purchaser and the crime of abducting women and children,crime and non_crime,one crime and several crimes.The purchaser is to be sentenced to less than three-year imprisonment,taken into custody or given punishment of control.If he committed other crimes, such as rape,illegal detention,insulting,etc,he will be punished with several crimes.For the purchaser who doesn't stop the purchased woman from returning home according to her will,or has no conduct of ill-treatment to the purchased child and don't prevent him from being liberated,his criminal duty can be lifted.