典型文献
On the Criminal Responsibility of Buying Abducted Women or Children: The Human Dignity Perspective
文献摘要：
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 sen- tence, 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 subse- quent crimes, so as to demonstrate the inevitability of criminal punish- ment. 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 inde- pendently 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 ex- cludes conviction of the crime. Compared with the crime of abducting and trafficking women or children, buying abducted women or chil- dren is not necessarily a serious crime, and the basic statutory punish- ment 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 pun- ishments for the crime of abducting and trafficking women or children.
文献关键词：
中图分类号：
作者姓名：
ZHANG yong;CHANG Guohua
作者机构：
Criminal Justice College,East China University of Political Science and Law
文献出处：
引用格式：
[1]ZHANG yong;CHANG Guohua-.On the Criminal Responsibility of Buying Abducted Women or Children: The Human Dignity Perspective)[J].人权（英文版）,2022(05):934-959
A类：
Criminal,Buying,Abducted,Dignity,abducted,statutory,prosecution,inevitability,punish,pendently,offense,goodwill,purchaser,conviction,abducting,pun,ishments
B类：
On,Responsibility,Women,Children,Human,Perspective,selling,women,children,symmetrical,crimes,but,same,punishment,not,applied,focus,criminal,buying,about,increasing,strengthening,judicial,law,enforcement,increase,impose,combined,several,including,other,demonstrate,dignity,core,legal,interest,violated,by,specific,that,humans,sale,which,should,valued,protected,inde,This,type,behavioral,rather,than,circumstances,Under,normal,neither,consent,victim,ex,cludes,Compared,trafficking,necessarily,serious,basic,less,three,years,reasonable,However,possible,appropriately,raise,sentence,five,legislation,Where,subsequent,behaviors,do,constitute,they,can,used,aggravating,aggravated,configured,connect
AB值：
0.359518
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