收买被拐卖的妇女、儿童罪法定刑配置完善研究

Research on Improving the Allocation of Statutory Sentences for the Crime of Buying Abducted and Trafficked Women and Children

从我国现有的立法中不难看出,相比于拐卖妇女、儿童罪,收买被拐卖妇女、儿童罪的法定刑配置明显呈现轻缓化态势。司法机关在有罪判决中大量适用了有关缓刑与免于处罚的规定,这表明司法实践中一直存在着“轻买重卖”的现象,使得收买行为依然猖獗,无法实现有效打击收买犯罪的目标。基于此,根据罪行均衡原则,出于惩罚犯罪和预防犯罪的需要,应当提升收买被拐卖的妇女、儿童罪的法定刑,并且有必要从刑法教义学和人权保护的角度,释明有限提高收买被拐卖妇女、儿童罪法定刑的正当性,以及将收买被拐卖的妇女、儿童罪法定最高刑提升至7年有期徒刑和增加相应财产刑的必要性,并在此刑罚配置的基础上提出以严格司法保障刑罚的建议方案。

It is not difficult to see from China’s existing legislation that compared with the crime of abducting and trafficking in women and children,the statutory punishment for the crime of buying abducted and trafficked women and children is obviously showing a trend of lightening.The judicial organs have applied a large number of provisions on probation and exemption from punishment in guilty verdicts,which shows that there has always been a phenomenon of“buying lightly and selling hard”in judicial practice,so that bribery is still rampant and it is impossible to achieve the goal of effectively cracking down on bribery crimes.Based on this,in accordance with the principle of balance of crimes,out of the need to punish crimes and prevent crimes,the statutory penalty for the crime of buying abducted and trafficked women and children should be increased,and it is necessary to explain the legitimacy of the limited increase in the statutory penalty for the crime of buying trafficked women and children,as well as the necessity of increasing the statutory maximum sentence for the crime of buying trafficked women and children to 7 years imprisonment and increase the corresponding property penalty from the perspective of criminal law doctrine and human rights protection,and put forward a proposal to strictly protect the punishment with justice on the basis of this punishment allocation.