收买被拐卖妇女儿童罪法定刑的思考——以裁判文书为研究样本

Reflections on Crime of Trafficking in Women and Children’s Statutory Punishment for Buying Off--Taking the Judgment Documents as the Research Sample

随着江苏徐州丰县“铁链女”案件的发酵,关于收买被拐卖妇女儿童罪的法定刑的问题引起了理论界和社会大众的广泛关注。拐卖妇女、儿童行为具有严重的法益侵害性,是世界各国法律所严厉打击的对象,我国对于拐卖妇女、儿童罪规定了较重的法定刑,而作为拐卖妇女儿童罪的对象犯——收买被拐卖的妇女、儿童罪,其法定刑较之拐卖妇女儿童罪的法定刑却低很多。据此,理论界和实务界围绕着“买卖是否应当同罚”展开了讨论,并逐渐形成“提高派”和“维持派”两大阵营。不同于目前学者多以理论分析为主,本文采用实证分析的方法,对相关126份裁判文书进行编码和统计,分析影响收买被拐卖妇女儿童罪量刑的重要因素,并与以往相关理论研究进行比较,为立法和司法部门提供收买被拐买妇女、儿童罪的量刑建议。

With the fermentation of the“Iron Chain Woman”case in Feng County,Xuzhou,Jiangsu Province,the issue of the statutory punishment for the crime of buying abducted women and children has attracted widespread attention from the theoretical community and the general public.The act of trafficking in women and children has serious legal infringement and is a target of severe punishment under the laws of various countries around the world.China has set a heavier statutory penalty for the crime of trafficking in women and children.However,the statutory penalty for the crime of buying abducted women and children,which is the object of the crime of trafficking in women and children,is much lower than that of the crime of trafficking in women and children.Based on this,the theoretical and practical circles have discussed whether buying and selling should be punished together,and gradually formed two major camps:the“elevation camp”and the“maintenance camp”.Unlike current scholars who mainly focus on theoretical analysis,this article adopts an empirical analysis method to code and statistically analyze 126 relevant judicial documents,analyze the important factors that affect the sentencing of the crime of buying abducted women and children,and compare it with previous relevant theoretical research,providing sentencing recommendations for the crime of buying abducted women and children for legislative and judicial departments.