1. Which law does human trafficking violate?
This behavior constitutes a conviction for trafficking in women and children. Violation of Article 240 of the Criminal Law. The specific provisions are that those who abduct and traffic women or children shall be sentenced to fixed-term imprisonment of more than five years and shall also be fined. If the circumstances are particularly serious, the person shall be sentenced to death and his property shall be confiscated.
This behavior constitutes a conviction for trafficking in women and children. Violation of Article 240 of the Criminal Law.
Article 240 of the "Criminal Law" stipulates that anyone who abducts or traffics women or 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; anyone who falls under any of the following circumstances shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined; Imprisonment or life imprisonment, and a fine or confiscation of property; if the circumstances are particularly serious, the death penalty shall be imposed, and property shall be confiscated:
(1) The ringleader of a group that abducts and traffics women and children;
(2) Abducting and trafficking in three or more women and children;
(3) Raping a trafficked woman;
(4) Luring or forcing abducted women into prostitution or putting them into prostitution Abducted women are sold to others for forced prostitution;
(5) Kidnapping women or children with violence, coercion or anesthesia for the purpose of selling;
(6) Using violence, coercion or anesthesia for the purpose of selling; Stealing infants and young children for the purpose of selling them;
(7) Causing serious injury, death or other serious consequences to trafficked women, children or their relatives;
(8) Sending goods abroad Trafficking in women and children. Trafficking in women and children refers to one of the behaviors of abducting, kidnapping, buying, selling, transporting, and transferring women and children for the purpose of selling.
2. What are the constituent elements of the crime of abducting and trafficking in women?
The constituent elements of the crime of abducting women and children are as follows: (1) Object Requirements The object of this crime is the right to personal freedom and personal dignity of the victimized woman and child. (2) Objective Elements This crime objectively manifests itself in the illegal abduction, kidnapping, purchase, sale, transportation, and transfer of women and children. (3) Subject Requirements The subject of this crime is a general subject. Any natural person who has reached the age of criminal responsibility and has the capacity for criminal responsibility can commit this crime. (4) Subjective elements: This crime is subjectively manifested as direct intention, and the perpetrator has the subjective purpose of selling. Therefore, as long as the perpetrator carries out any of the acts of abducting, kidnapping, buying, selling, or transporting abducted women or children with the purpose of selling them, it constitutes the crime of abducting and trafficking in women or children.
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Legal basis: Article 240 of the Criminal Law of the People's Republic of China.
Whoever abducts and traffics women or 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; whoever falls under any of the following circumstances shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined or have property confiscated ; If the circumstances are particularly serious, the person shall be sentenced to death and his property shall be confiscated:
(1) The ringleader of a group that abducts and traffics women and children;
(2) The person who abducts and traffics three or more women and children
(3) Rape a trafficked woman;
(4) Luring or forcing a trafficked woman into prostitution or selling a trafficked woman to others for forced prostitution;
(5) Kidnapping women or children by violence, coercion or anesthesia for the purpose of selling;
(6) Stealing infants and young children for the purpose of selling;
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(7) Causing serious injury, death or other serious consequences to trafficked women, children or their relatives;
(8) Trafficking women and children overseas. Trafficking in women and children refers to one of the behaviors of abducting, kidnapping, buying, selling, transporting, and transferring women and children for the purpose of selling.