In the process of social and economic development in China,there appears the inevitable problem of crime of left-behind children.Extensive researches and disputes prove that it is,to a greater extent,a social phenomen...In the process of social and economic development in China,there appears the inevitable problem of crime of left-behind children.Extensive researches and disputes prove that it is,to a greater extent,a social phenomenon resulted from social factors. It is recommended to improve the treatment of migrant workers and solve the problem of school admission for their children,provide effective legal education for those left-behind children whose problem can not be solved in a short term,and supplement the guardianship role to control the crime rate of leftbehind children. Another more effective method is to resume effective control of people's social life through the rural cultural tradition,to fundamentally prevent crime of left-behind children.展开更多
Buying and selling abducted women or children are symmetrical crimes, but the “the same punishment for the same crime” is not applied. The focus of the criminal punishment for buying abducted women or children is no...Buying and selling abducted women or children are symmetrical crimes, but the “the same punishment for the same crime” is not applied. The focus of the criminal punishment for buying abducted women or children is not about increasing the statutory sentence, but strengthening judicial and law enforcement, to increase the prosecution rate and impose combined punishment for several crimes including the buying of abducted women or children and other subsequent crimes, so as to demonstrate the inevitability of criminal punishment. Human dignity is the core legal interest violated by the crime of buying abducted women or children. The specific legal interest is that humans are not for sale, which should be valued and protected independently in criminal law. This crime is a type of behavioral offense rather than a crime of circumstances. Under normal circumstances,neither the consent of the victim nor the goodwill of the purchaser excludes conviction of the crime. Compared with the crime of abducting and trafficking women or children, buying abducted women or children is not necessarily a serious crime, and the basic statutory punishment of less than three years is reasonable. However, it is possible to appropriately raise the sentence to less than five years in legislation.Where subsequent behaviors do not constitute a crime, they can be used as aggravating circumstances for the crime, and an aggravated statutory sentence can be configured to connect with the statutory punishments for the crime of abducting and trafficking women or children.展开更多
文摘In the process of social and economic development in China,there appears the inevitable problem of crime of left-behind children.Extensive researches and disputes prove that it is,to a greater extent,a social phenomenon resulted from social factors. It is recommended to improve the treatment of migrant workers and solve the problem of school admission for their children,provide effective legal education for those left-behind children whose problem can not be solved in a short term,and supplement the guardianship role to control the crime rate of leftbehind children. Another more effective method is to resume effective control of people's social life through the rural cultural tradition,to fundamentally prevent crime of left-behind children.
文摘Buying and selling abducted women or children are symmetrical crimes, but the “the same punishment for the same crime” is not applied. The focus of the criminal punishment for buying abducted women or children is not about increasing the statutory sentence, but strengthening judicial and law enforcement, to increase the prosecution rate and impose combined punishment for several crimes including the buying of abducted women or children and other subsequent crimes, so as to demonstrate the inevitability of criminal punishment. Human dignity is the core legal interest violated by the crime of buying abducted women or children. The specific legal interest is that humans are not for sale, which should be valued and protected independently in criminal law. This crime is a type of behavioral offense rather than a crime of circumstances. Under normal circumstances,neither the consent of the victim nor the goodwill of the purchaser excludes conviction of the crime. Compared with the crime of abducting and trafficking women or children, buying abducted women or children is not necessarily a serious crime, and the basic statutory punishment of less than three years is reasonable. However, it is possible to appropriately raise the sentence to less than five years in legislation.Where subsequent behaviors do not constitute a crime, they can be used as aggravating circumstances for the crime, and an aggravated statutory sentence can be configured to connect with the statutory punishments for the crime of abducting and trafficking women or children.
