论收买被拐卖妇女罪法定刑的设置——基于对“铁链女”事件的延伸思考

On the establishment of legal punishment for the crime of buying abducted and trafficked women:Based on the extended thinking of the “Xuzhou Iron Chain Woman Incident”

刑罚的正当化依据在于报应和预防的统一。刑事活动的各个阶段,对报应与预防重视程度的分配并不完全相同。法定刑的设置应侧重报应与一般预防,报应决定法定刑的上限,一般预防决定法定刑的下限。其中,报应刑轻重取决于法益侵害程度。抽象危险犯是法益保护的前移,其法定刑应以行为与法益关联度为评价标准。收买被拐卖妇女行为与拐卖妇女行为、与买卖动物等犯罪的法益关联程度均不同,基于此,法定刑自然存在差异,现有法定刑设置较为合理,规范体系也较为完善,无需提升法定刑。

The justification of punishment is based on the unity of retribution and prevention. In all stages of criminal activities, the distribution of attention to retribution and prevention is not exactly the same. The establishment of statutory punishment should focus on retribution and general prevention. Retribution determines the upper limit of statutory punishment, and general prevention determines the lower limit of statutory punishment. Retribution punishment depends on the degree of infringement of legal interests. Abstract dangerous crime is the advancement of the protection of legal interests, and its legal punishment should take the correlation between behavior and legal interests as the evaluation standard. The degree of legal interest relationship between buying and selling abducted women and trafficking in women, and crimes related to animals is different, and based on this, the legal punishment is naturally different. The existing legal punishment setting is more reasonable and the normative system is relatively perfect, so there is no need to improve the legal punishment.