论收买被拐卖妇女罪的治理走向——基于254份裁判文书的实证考察

On the Governance Trend of the Crime of Buying Trafficked Women: An Empirical Study Based on 254 Judgment Documents

  • 摘要: 通过对我国254份裁判文书的分析发现, 收买被拐卖妇女犯罪中, 在收买者主体为在生理或经济上有劣势的大龄单身男青年, 被收买妇女多为外籍妇女和国内患病妇女; 本罪高发于中东部省份, 且其实现高度依赖居中介绍者和拐卖者; 在司法实践中, 本罪呈现较高的轻刑化和非实刑化比例, 存在法定刑普遍适用不足的问题. 人口比例相对失衡、经济状况低下、婚姻观念保守是收买被拐卖妇女现象的三大影响因素. 治理收买被拐卖妇女犯罪需要的是严格司法而非提高法定刑, 还应当在教育、经济、社会等层面协同发力.

     

    Abstract: Through the analysis of 254 judgment documents, it is found that in the crime of buying trafficked women, the main body of the buyers is older single men who are physically or economically disadvantaged, and most of the women who are bought are foreign women represented by Vietnamese brides and domestic sick women. This crime is highly prevalent in Anhui and Henan provinces, and its realization is highly dependent on mediators and traffickers. In judicial practice, this crime presents a high rate of light sentences and non-actual sentences, and there is a problem of insufficient general application of statutory sentences, i.e., excessive supply. The relative imbalance of the population, the low economic situation, and the conservative concept of marriage are the three major external factors influencing the phenomenon of buying trafficked women. Tackling the crime of buying trafficked women requires strict justice rather than increasing statutory penalties, in addition to joint efforts at the educational, economic, and social levels.

     

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