收买被拐卖的妇女、儿童罪法定刑之应然调试

Proposals on How to Adjust the Legal Punishment of the Crime of Buying Abducted and Trafficked Women and Children

收买被拐卖的妇女、儿童罪法定刑的设置存在刑不制罪、内外不协调、预防效果不佳等问题,易引发社会价值冲突与争议,应改进该罪名刑罚设置的直观形式标准,在借鉴域外立法的背景下,通过分级制裁、增设罚金等措施提升收买被拐卖的妇女、儿童罪的法定刑。

There are some problems in the setting of the legal punishment of the crime of buying abducted and trafficked women and children,for example,the related offences against the criminal law are punished lightly,besides,the internal and external punishment are not coordinated,and the prevention measures are not effective,which is easy to cause social value conflict and controversy.We should improve the standard of this crime penalty by means of graded sanctions and additional fines under the background of drawing lessons from other countries.