拐卖人口犯罪问题研究
发布时间：2018-12-10 10:45
【摘要】：拐卖人口是严重侵害公民人身权利的犯罪活动,中外各国和地区都对其进行了严厉的打击。我国进行多次专项打击拐卖妇女、儿童犯罪的活动,包括1990年、2000年、2002年、2007年等,而且参与的部门越来越多,但拐卖妇女儿童犯罪仍屡禁不止。究其原因,主要是我国拐卖妇女儿童犯罪的路线复杂,还出现了以劳工剥削、性剥削为目的的拐卖人口犯罪,拐卖人口犯罪出现了国际化趋势。本文从法律制度、经济政策、社会政策、社会管理政策等方面分析了拐卖人口犯罪的情况,并提出完善建议。本文第一部分分析了当前我国拐卖人口犯罪的成因,从我国拐卖人口犯罪的发展态势、拐卖人口犯罪的社会根源等阶段展开,全面分析了此类犯罪的发生原因。本文的第二部分比较了惩治拐卖人口犯罪的法律制度,包括我国不同历史时期拐卖人口犯罪的法律制度、除中国之外的各主权国家之间关于拐卖人口犯罪的法律制度以及各主权国家与国际公约之间关于拐卖人口犯罪的法律制度,通过上述比较发现,各主权国家之间、主权国家与国际公约之间关于此犯罪有诸多的矛盾冲突,很难相互协调。进而提出国际公约的国内立化法的问题。本文的第三部分分析了如何协调国内法与国际条约,如何打击拐卖人口犯罪、维护社会稳定。首先从制度层面研究如何协调国内法与国际条约,其次从执行层面和观念层面分析了如何打击拐卖人口犯罪、维护社会稳定。针对该类犯罪的成因及法律规定,对我国拐卖人口犯罪的立法提出可行性建议。
[Abstract]:Human trafficking is a serious violation of citizens' personal rights, which has been severely cracked down by all countries and regions at home and abroad. China has carried out many special activities to crack down on the crime of trafficking in women and children, including 1990, 2000, 2002, 2007 and so on, and participated in more and more departments, but the crime of trafficking in women and children is still prohibited. The main reason is that the route of the crime of kidnapping and selling women and children in our country is complicated, and the crime of trafficking in persons for the purpose of labor exploitation and sexual exploitation also appears the trend of internationalization. This paper analyzes the crime of human trafficking from the aspects of legal system, economic policy and social management policy, and puts forward some suggestions. The first part of this paper analyzes the causes of the current crime of human trafficking in China, from the development situation of the crime of trafficking in human beings, the social root of the crime of trafficking in human beings and so on, and analyzes the causes of the crime in an all-round way. The second part of this paper compares the legal system of punishing the crime of human trafficking, including the legal system of the crime of trafficking in human beings in different historical periods in China. The legal system between sovereign States other than China on the crime of trafficking in persons and the legal system between sovereign States and international conventions on the crime of trafficking in human beings have been found through the above comparison, There are many conflicts between sovereign states and international conventions on this crime, so it is difficult to coordinate with each other. Then it puts forward the domestic legislation of international conventions. The third part analyzes how to harmonize domestic laws with international treaties, how to combat the crime of human trafficking and how to maintain social stability. First, it studies how to harmonize domestic laws with international treaties from the system level, and then analyzes how to crack down on the crime of trafficking in human beings and maintain social stability from the aspect of execution and concept. In view of the causes and legal provisions of this kind of crime, this paper puts forward some feasible suggestions on the legislation of the crime of trafficking in human beings in our country.
【学位授予单位】：复旦大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D924.3
本文编号：2370442
[Abstract]:Human trafficking is a serious violation of citizens' personal rights, which has been severely cracked down by all countries and regions at home and abroad. China has carried out many special activities to crack down on the crime of trafficking in women and children, including 1990, 2000, 2002, 2007 and so on, and participated in more and more departments, but the crime of trafficking in women and children is still prohibited. The main reason is that the route of the crime of kidnapping and selling women and children in our country is complicated, and the crime of trafficking in persons for the purpose of labor exploitation and sexual exploitation also appears the trend of internationalization. This paper analyzes the crime of human trafficking from the aspects of legal system, economic policy and social management policy, and puts forward some suggestions. The first part of this paper analyzes the causes of the current crime of human trafficking in China, from the development situation of the crime of trafficking in human beings, the social root of the crime of trafficking in human beings and so on, and analyzes the causes of the crime in an all-round way. The second part of this paper compares the legal system of punishing the crime of human trafficking, including the legal system of the crime of trafficking in human beings in different historical periods in China. The legal system between sovereign States other than China on the crime of trafficking in persons and the legal system between sovereign States and international conventions on the crime of trafficking in human beings have been found through the above comparison, There are many conflicts between sovereign states and international conventions on this crime, so it is difficult to coordinate with each other. Then it puts forward the domestic legislation of international conventions. The third part analyzes how to harmonize domestic laws with international treaties, how to combat the crime of human trafficking and how to maintain social stability. First, it studies how to harmonize domestic laws with international treaties from the system level, and then analyzes how to crack down on the crime of trafficking in human beings and maintain social stability from the aspect of execution and concept. In view of the causes and legal provisions of this kind of crime, this paper puts forward some feasible suggestions on the legislation of the crime of trafficking in human beings in our country.
【学位授予单位】：复旦大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D924.3
【参考文献】
相关期刊论文 前1条
1 张筱薇;《联合国打击跨国有组织犯罪公约》及其议定书解析[J];犯罪研究;2003年05期
，本文编号：2370442
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