Abstract:
The emergence of extreme cases of buying and trafficking women has pushed to the forefront of public opinion the issue of whether the statutory penalty for buying and trafficking women is too lenient. The Ninth Amendment to the Criminal Law has removed the grounds for the crime of bribery, indicating that the attitude of anti-kidnapping also needs to be considered from the buyer’s market. However, this crime cannot be simply equated with the crime of trafficking women. The occurrence of bribery is accompanied to a certain extent by the joint influence of historical culture and social development. Reasonably adjusting the allocation of statutory penalties is an effective means to respond to insufficient legislation and public opinion. Scientific analysis of criminal behavior classification is a prerequisite for reasonably adjusting the allocation of statutory penalties. Based on the basic principles of responsibility theory, this crime is divided into two basic types: marital type buying behavior and non-marital type buying behavior. Marital type buying behavior is further divided into two subtypes: benign development type and malignant destruction type. Based on the classification of behavior types, the statutory penalty for this crime is reconfigured. From the perspective of different behavior types, the statutory penalty configuration is matched separately. Responsibility determination and penalty consideration are carried out for different behavior types, and a scientific and reasonable statutory penalty configuration system is established to promote effective governance of the crime of trafficking women and respond appropriately to public opinion emotions.