Abstract:Joint crimes of abduction of and trafficking in women or children are quite common and frequent in judicial practice. Fetching or sending, as well as transferring, of a woman or a child is, in essence, a kind of accessory behavior. Therefore, a person who commits such behaviors shall be punished as an accomplice, except, provided that there are certain judicial interpretations, being punished as a principal criminal in accordance with the law. A person who, for the purpose of buying the victim, instigates or helps others to abduct and traffic in a woman or a child shall be punished with the severer crime in accordance with the principles of implicated offences; a person who, in the process of committing the joint crime of abduction of and trafficking in a woman or a child, transforms his/her intention and buys the abducted woman or child shall be punished in accordance with the principles of inclusive offences. A person, who conducts the role of a broker in the process of buying and selling a woman or a child, shall be punished as an accessory in accordance with the principles of joint crimes. In addition, a person, who is a practioner in a particular industry, jointly, together with the buyer or seller, commits the crime of abduction of and trafficking in women or children shall be punished with a certain crime or combinedly punished with for several crimes in accordance with the specific circumstances.
董文辉. 拐卖妇女、儿童共同犯罪司法认定疑难问题研究[J]. 浙江工商大学学报, 2017, 31(1): 51-58.
DONG Wenhui. Research on the Difficult Questions Concerning the Judicial Determination of the Joint Crimes of Abduction of and Trafficking in Women or Children. Journal of Zhejing Gongshang University, 2017, 31(1): 51-58.