拐卖妇女、儿童罪若干疑难问题研究

拐卖妇女、儿童犯罪行为直接侵犯了妇女儿童的人身权利,间接危害了社会的稳定.刑法第二百四十条规定,拐卖妇女、儿童罪是指以出卖为目的,拐骗、绑架、收买、贩卖、接送或者中转妇女、儿童的行为.条文虽然对什么是“拐卖”行为予以详细解释,但在司法实践中如何准确地认定本罪仍有很多需要深入探讨的问题.论者将从处理拐卖妇女儿童犯罪实践中出现的新问题出发,探究包含“拐卖妇女、儿童的行为是否以违背被害人意志为前提”等八个典型问题,重点剖析拐卖妇女儿童罪与相近罪名或相似行为的区别,以统一和完善司法认定的标准.

On the Problems Existed in the Crime of Abducting and Trafficking in Women and Children

The crime of abducting and trafficking in women and children encroaches the human rights of womenand children directly and does harm to social stability indirectly. It is regulated in the 240th items in Criminal Law that abducting and trafficking in women and children includes the behaviors of abducting, kidnapping, purchasing, trafficking, picking up or transferring women and children. Although it is not carefully explained in the law what is abducting and trafficking, how to convict the crime accurately problems appeared in the practice of handling the crime of needs deeper consideration. Starting from the new abducting and trafficking in women and children, this paper discusses eight typical problems, especially focuses on the differences between this crime and other similar crimes so as to unify and perfect legislative conviction standards.