Specific circumstances:
1. If the trafficker is caught, he will be sentenced to death. Then, when the police come to rescue the abducted children, they will encounter great resistance. Traffickers are likely to die because they are caught, and they will break pots and fall, and die with their children. In the past, if the police came, they might run away as soon as possible, leaving the abducted child alone. Therefore, if you are caught and sentenced to death, it will bring great resistance to the rescue of these abducted children.
2. There will be more and more cases of missing persons. When traffickers may kidnap and sell children, the means will become more and more secretive and the means will become more and more sophisticated. Because children's memory is limited, it will become more and more difficult for the police to investigate and collect evidence. Many abducted children may not know that they were abducted by traffickers to their parents when they were young. Therefore, traffickers cannot easily sentence to death.
3, can not solve the fundamental problem, just like the sale of animals, there is no harm without buying and selling. We should solve the problem from the source, why there is such a thing as buying and selling children, instead of putting all the responsibility on traffickers. If there was no market, traffickers would not take such a big risk to kidnap children. Therefore, to completely solve the problem of traffickers, we must first solve why there is a market for buying and selling children.
First, the characteristics of crime of trafficking in children:
1。 Subjectively, this crime is intentional;
2。 The subject of this crime is the general subject, that is, anyone who has reached the age of criminal responsibility and has the ability of criminal responsibility can constitute this crime;
3。 This crime is objectively manifested as cheating, luring or otherwise separating children from their families or guardians;
4。 The object of this crime is the family relationship of others and the legitimate rights and interests of children.
Two, the crime of abducting and selling women and children, the main criteria are:
1。 To constitute this crime, the buyer must know that it is a abducted woman or child.
2。 * * * Those who have participated in the crime of buying abducted women and children, try to remind you that some buying behaviors are decided by all family members or relatives and friends, and the criminal responsibility of the principal should be investigated; For other participants, if the circumstances are obvious, minor and harmless, they will not be considered as crimes and will not be investigated for criminal responsibility.
3。 If the bought woman and the buyer are married and willing to live together in the local area, the buyer can regard it as "in accordance with the wishes of the bought woman, it will not prevent her from returning to her original place of residence" and will not be investigated for criminal responsibility.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 240th of the Criminal Code of People's Republic of China (PRC).
Whoever abducts and sells women and children shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined; Under any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated; If the circumstances are especially serious, he shall be sentenced to death and his property shall be confiscated.