拐卖亲生子女犯罪刑罚适用思考

Thought on Punishments for Crime of Abducting and Trafficking in One’s Own Children

拐卖亲生子女犯罪案件在司法实践中存在无罪、遗弃罪及拐卖儿童罪等判决,判决结果差异较大,但整体上表现出了此类案件重罪轻刑的倾向。而轻刑化判决所折射出来的是拐卖儿童罪刑罚配置的不科学。为有效处理此类案件,实现罪刑均衡,可从三条路径对其予以完善:一是结合特别减轻刑罚制度,设立司法判例指导制度;二是另设拐卖近亲属罪;三是降低拐卖犯罪量刑基点。

In judicial practice, the judgment results for the cases of abducting and trafficking in one's own children are quite different, including innocence, crime of abandonment and crime of abducting and trafficking in children. As a whole, the judgment tendency for such cases is light punishment for felony, reflecting the unscientific allocation of punishment for the crime of abducting and trafficking in children. In order to effectively deal with such cases and achieve a balance between crimes and punishments, there are three ways to make perfection. Namely, to establish a judicial precedent guidance system by combining with the system of special mitigated punishment, to set up the crime of abducting and trafficking in near relatives, and to lower the sentencing base point for the crime of abducting and trafficking in people.