奸淫被拐卖妇女定性问题的理性思考

Rational Thinking on the Qualitative Problem of Rape of Trafficked Women

奸淫被拐卖妇女的定性问题,素有一罪处理与数罪并罚之争,一罪处理满足立法者重法威慑的需求,但随即产生法律根据欠缺、法律规定矛盾、法律用语模糊不清等问题,只能成为“权宜”之举;数罪并罚还奸淫被拐卖妇女数罪本来面目,其并罚原则经过完善,亦能解决低刑期并罚导致的刑期不足问题,顺应时代发展要求,可最大限度实现罪刑配置科学化目标。

There is always a debate about the qualitative issue of the rape of trafficked women,whether it should be punished for one crime or several crimes. Although the “one crime” theory satisfies the needs of legislators’ emphasis pay on legal deterrence, it has subsequently led to problems, such as lack of legal basis, contradictory legal provisions and ambiguous legal terms. Therefore, it can only be a temporary “expediency”.“Combined punishment for several crimes” restores the true nature of the multiple crimes of raping and trafficking women. The principle can also solve the problem of insufficient term of punishment for crimes with low term, which meets the requirements of the times and reaches the goal of scientific allocation of crime and punishment.