拐卖妇女、儿童共同犯罪司法认定疑难问题研究
发布时间：2018-07-14 15:01
【摘要】：拐卖妇女、儿童共同犯罪在司法实践中常见多发。接送、中转行为在本质上属于帮助行为,因此一般应作为从犯处理,但符合司法解释规定的,依法作为主犯处理。基于收买目的而教唆、帮助他人拐卖妇女、儿童的,依据牵连犯原理,从一重罪处罚;在拐卖妇女、儿童共同犯罪过程中犯意转化自行收买被拐妇女、儿童的,依照吸收犯原理处罚。介绍买卖妇女、儿童的,依照共犯原理作为帮助犯处理。特定行业从业人员与买卖者共同实施拐卖妇女、儿童犯罪应视情况作为一罪处理或是数罪并罚。
[Abstract]:Abduction and trafficking of women and children are common in judicial practice. The act of receiving and transferring is essentially a helping act, so it should generally be treated as an accomplice, but in accordance with the provisions of judicial interpretation, it should be treated as the principal offender according to law. Whoever abets or aids others in abducting or selling women or children for the purpose of buying or selling them, according to the principle of implicated crime, shall be punished from a felony; if he commits a crime of kidnapping or selling a woman or a child in the course of a joint crime, he commits a crime of buying into the abducted woman or child on his own initiative, To punish according to the principle of absorption offense. Those who introduce the sale of women and children shall be treated as accomplices according to the principle of accomplice. Trade-specific practitioners and traders jointly commit trafficking in women, and child crime should be treated as a crime or as a combination of several crimes.
【作者单位】： 浙江工商大学法学院;
【基金】：司法部2016年度国家法治与法学理论研究项目“刑法制定与适用中的性别问题研究”(16SFB5016)
【分类号】：D924.34
，
本文编号：2122021
[Abstract]:Abduction and trafficking of women and children are common in judicial practice. The act of receiving and transferring is essentially a helping act, so it should generally be treated as an accomplice, but in accordance with the provisions of judicial interpretation, it should be treated as the principal offender according to law. Whoever abets or aids others in abducting or selling women or children for the purpose of buying or selling them, according to the principle of implicated crime, shall be punished from a felony; if he commits a crime of kidnapping or selling a woman or a child in the course of a joint crime, he commits a crime of buying into the abducted woman or child on his own initiative, To punish according to the principle of absorption offense. Those who introduce the sale of women and children shall be treated as accomplices according to the principle of accomplice. Trade-specific practitioners and traders jointly commit trafficking in women, and child crime should be treated as a crime or as a combination of several crimes.
【作者单位】： 浙江工商大学法学院;
【基金】：司法部2016年度国家法治与法学理论研究项目“刑法制定与适用中的性别问题研究”(16SFB5016)
【分类号】：D924.34
，
本文编号：2122021
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