The protection of women and children’s rights and interests has attracted much attention from the society.
"It is necessary to focus on a number of clues, especially for women and children who are vagrants and beggars of unknown origin, mental disorders, deaf-mute disabilities, etc., to ensure that the base number is clear and the situation is clear."
The Ministry of Public Security has decided to launch a special campaign against the crime of abducting and selling women and children from March 1st to December 31st.
Many NPC deputies and CPPCC members who have long been concerned about relevant aspects said in an interview with Beijing Youth Daily.Protecting women’s rights and interests is a systematic project that requires the joint efforts of the whole society. They suggested that the legal penalty for buying and selling abducted women should be raised and "the same crime of buying and selling" should be implemented.
Jiang Shengnan, NPC deputy.
Pay attention to the victims’ follow-up suggestions and clarify the responsibility of relief.
At the two sessions this year, Jiang Shengnan, a deputy to the National People’s Congress and a researcher at Wenzhou University, who has long been concerned about the protection of women’s rights and interests, brought a proposal to amend Article 240 of the Criminal Law and increase the prison term of crime of trafficking in women and children buyers, and a proposal on promoting the national multi-sectoral joint abduction campaign and the follow-up rescue series. She suggested that the term of imprisonment of buyers in crime of trafficking in women and children should be increased, so as to realize the same crime of buying and selling and improve the deterrent effect. At the same time, a general survey should be conducted to rescue women’s trafficking, and a follow-up comprehensive rescue mechanism should be established. She believes that protecting women’s rights and interests is a systematic project that requires the joint efforts of the whole society.
The basic penalty for the crime of abducting and selling women and children stipulated in Article 240 of the Criminal Law is fixed-term imprisonment of not less than five years but not more than ten years. If there are particularly serious circumstances, it can be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment or even death. Article 241 of the Criminal Law stipulates: "Whoever buys abducted women and children shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance." "If a woman or child who has been trafficked is bought, and there is no abuse of the bought child, and it does not hinder her rescue, she can be given a lighter punishment. According to the wishes of the bought woman, if she does not hinder her return to her original place of residence, she can be given a lighter or mitigated punishment." Jiang Shengnan said, however, in practice, faced with felonies such as rape, illegal detention and intentional injury caused by abducted women for several years or even decades, the "buyer" may only be sentenced for minor crimes such as "abduction" or "abuse", and the maximum sentence for the crime of simply buying women and children is only three years.
"I suggest to raise the starting point of crime of trafficking in women and children’s punishment and stipulate that buying and selling are the same crime. Appropriately increasing the penalty will have a certain deterrent effect on bribery and improving the criminal law. " Jiang Shengnan said.
The "Proposal on Promoting the National Multi-sectoral Joint Abduction Action and the Follow-up Rescue Series Project" brought by it is suggested that the Central Political and Legal Committee should take the lead and refer to the special rectification activities to eliminate evils. The Abduction Office of the Ministry of Public Security is responsible for organizing abduction activities and establishing a vertical linkage mechanism to promote the normalization of abduction throughout the country.
Specific suggestions include improving the community-based, township-based network to prevent human trafficking and comprehensively rectifying key areas of human trafficking. Further strengthen the construction of information network, improve the national anti-trafficking DNA information base, improve the information collection and exchange mechanism, promote information sharing, and improve the informationization level of anti-trafficking work; Incorporate the abduction work into the assessment category of local government’s safe construction, and the annual assessment results will serve as an important basis for the comprehensive assessment and evaluation of relevant leading cadres; Strengthen legal publicity and education, get rid of feudal bad habits, enhance the legal awareness of grassroots people, and improve the awareness and ability of women and children.
Jiang Shengnan also suggested the establishment of a follow-up linkage mechanism for the abduction, so that the follow-up assistance to the victims can not be relaxed, so that the investigated abduction cases can be dealt with promptly and effectively. It is suggested that the marriage and adoption relationship between women and children who are bought should be invalid. The marriage and adoption relationship based on the crime of bribery, because it violates the legal provisions and the true wishes of the parties, should be regarded as invalid from the beginning, and will not produce any rights and obligations related to marriage and adoption. At the same time, it should also be clear that the government of the buying place bears the relief responsibility. The relief standard can refer to the national compensation standard, and the period is from the day of being trafficked and bought to the day of being rescued. If the local government is slow to provide relief, the victim or guardian may claim rights according to the application procedure of state compensation. Text/reporter Li Zewei
Zhang Baoyan, NPC deputy.
Life-long accountability for the criminals of trafficking in new cases.
Zhang Baoyan, chairman of the Baby Home Volunteers Association and founder of Baby Home Search Subnet, has been speaking out for the rescue of abducted children and women since he was elected as a representative of the National People’s Congress.
In Zhang Baoyan’s view, with the progress and development of society, people have a deeper understanding of the crime of trafficking, and all walks of life have taken action to publicize anti-trafficking in their own way and help families seeking relatives and abducted women and children with their own strength.
"The whole society is calling for cracking down on traffickers and even demanding the death penalty. This kind of voice is getting louder and louder. People urgently hope that the state can intensify its efforts to crack down on trafficking in women and children, punish them severely and quickly, demonstrate social justice, and severely punish criminals who traffic in women and children. "
Zhang Baoyan told the reporter of Beiqing Daily that this year, she suggested that the buyer’s sentencing should not be lower than the crime of trafficking, but should be heavier than the crime of trafficking.
"Because the abduction of women and children is actually a kidnapping, it is accompanied by many crimes such as abuse, illegal detention, rape, etc. At the same time, it has also caused long-term mental damage to the families of abducted women and children, so the minimum reference should be made to the crime of kidnapping for at least ten years."
At the same time, she said that because the infringement of the victim has occurred in the buyer’s home for a long time, the buyer’s sentencing should not be lower than the crime of trafficking, but should be more important than the crime of trafficking.
Zhang Baoyan also suggested that criminals (including buyers) in new cases of trafficking should be held accountable for life.
She said that China’s criminal law stipulates that the maximum limitation of action is 20 years. "But in fact, the harm of the crime of trafficking is long-standing, and the harm caused by this criminal act to the victim’s family and victims is lifelong. Therefore, the accountability of trafficking criminals should not be limited by the statute of limitations, but should be pursued for life. "
At the same time, she mentioned that all localities have conducted a thorough investigation of women and children of unknown origin within their jurisdiction, and it has been a long-term work, especially for mentally ill women and deaf-mute women who have been taken in privately, and the information has been made public after investigation to help them find their loved ones.
"It is recommended to establish an assessment mechanism for relevant departments in the abduction area, and implement a one-vote veto for the target assessment of grassroots governments with new abduction cases. The main responsible persons of grassroots governments shall not be promoted within five years." Zhang Baoyan said. Text/reporter Meng Yaxu
Zhang Jingjing, deputy to the National People’s Congress
It is suggested to set up a national special fund for abduction.
Zhang Jingjing, deputy to the National People’s Congress and dean of the International College of Jingdezhen Ceramic University, also paid attention to the problem of trafficking in women. She suggested that the crackdown on the crime of trafficking in women should be intensified through various measures, including increasing the legal penalty for buying trafficked women and implementing the crime of "buying and selling the same". At the same time, in terms of the technology of trafficking, she suggested strengthening cross-regional cooperation and information resource sharing, increasing scientific and technological investment, and implementing "online abduction" and "online rescue".
Zhang Jing suggested that the legal punishment for buying and selling trafficked women should be increased, and the "same crime of buying and selling" should be implemented, and the crackdown should be intensified through legal means. Zhang Jingjing believes that whoever abducts and sells women, no matter which link it is, as long as it is for the purpose of selling, has one of the acts of kidnapping, kidnapping, buying, selling, picking up, transferring and harboring women, regardless of the number of abductions and whether it is profitable or not, should be investigated for criminal responsibility for the crime of abducting and selling women. Those who buy trafficked women and hinder the rescue of trafficked women, which constitutes a crime, should also be punished according to law. In handling cases, we should correctly distinguish the boundaries between crime and non-crime, crime and crime, especially the crime of abducting and selling women and the act of introducing marriage to collect money and goods, so as to prevent expanding the scope of attack or indulging in crime.
Zhang Jingjing believes that raising the statutory penalty may not immediately curb the crime of abducting and selling women and children, but by raising the statutory penalty, it can help Yu Congrong to effectively deal with various types of crimes and achieve the same crime and punishment.
On the technology of abduction, Zhang Jingjing suggested strengthening cross-regional cooperation and information resources sharing, increasing investment in science and technology, and implementing "online abduction", "online rescue" and DNA paternity work. In order to effectively punish criminals who abduct and sell women, it is necessary to strengthen basic work at the grass-roots level, conduct a thorough investigation on traffickers and abducted women, and ensure that "villages do not leak villages, villages do not leak households, and households do not leak people" and resolutely put an end to local protectionism.
She also suggested that it is necessary to further improve the social management system, increase the intensity of comprehensive management, and form a situation in which the whole society will work together. Party committees and governments at all levels must stand at the height of "stressing politics", earnestly strengthen the organization and leadership of the work of "abduction", be willing to invest in human, financial and material resources, and pay close attention to the struggle of abduction as a major event to maintain social stability. Public security, civil affairs and other relevant departments should strictly implement account management. Temporary population, floating population registration, marriage registration, adoption registration and other laws, regulations and rules and regulations, plug loopholes and find clues of abducted women and traffickers in time. Labor, industry and commerce departments should further clean up and rectify the labor market, strictly manage the market, and avoid women who are eager to find jobs being deceived. Civil Affairs Women’s Federation and other organizations should do a good job in the resettlement of rescued abducted women and children, such as the transfer of children’s accounts of abducted women and other related social security. For abducted women, local people’s organizations and women’s federations should help them find jobs, guide them to return to normal life, and protect the legitimate rights and interests of abducted women.
Chinese People’s Political Consultative Conference Commissioner Hu Wei
Establish a warning system to form a "tight encirclement"
Hu Wei, member of Chinese People’s Political Consultative Conference and member of the Central Committee of the Democratic Progressive Party, was also concerned about the abduction and trafficking of women and children. To crack down on trafficking, Hu Wei suggested using technical means to establish a warning system and mobilize the whole society to form a "tight encirclement" for abduction.
In April last year, the General Office of the State Council issued the Action Plan against Human Trafficking in China (2021-2030), which clearly stipulated that it is necessary to adhere to and improve the long-term mechanism of anti-trafficking work that integrates prevention, crackdown, assistance, resettlement and rehabilitation, and constantly improve the level of anti-trafficking work in the rule of law, coordination, science and technology and socialization. Recently, special actions have been deployed in relevant areas to comprehensively and thoroughly investigate and rectify the rights and interests of groups such as women and children, people with mental disorders and the disabled, and severely crack down on illegal and criminal acts such as abducting and selling women and children and buying abducted women and children.
Hu Wei suggested that the legal system should be improved as to how this series of abduction actions can really achieve practical results. "If there is no sale, there will be no harm, and the same crime should be adhered to. At the same time, mandatory reporting must be implemented to combat human trafficking. It is suggested that it should be clearly stipulated that if the person in charge of the relevant area finds human trafficking but fails to report it and causes serious consequences, it should be listed as an illegal act and punished." Secondly, it is necessary to formulate a specific action plan, clarify the way and time node, and the relevant departments should really unite to carry out the investigation. In addition, it is necessary to make a breakthrough in technology to form a "tight encirclement" of abduction.
Hu Wei believes: "We can make full use of technical means to deploy a warning system. In the event of human trafficking or kidnapping, we can prompt relevant information at the first time on TV, radio, mobile phones, big screens in public places such as airports, docks and stations, and even electronic bulletin boards on highways, and mobilize as many resources as possible from public institutions, cities, villages and communities to find missing persons, so that criminals have nowhere to hide. At present, our network technology and intelligent system are so developed that it is easier to do and do well than ever before. "
Chinese People’s Political Consultative Conference Commissioner Zhu Zhengfu
Criminal responsibility should be investigated for "obstructing rescue"
Zhu Zhengfu, member of Chinese People’s Political Consultative Conference and chairman of the partner meeting of Haotianxin Law Firm, has long been concerned about the protection of women’s and children’s rights and interests. During the two sessions this year, he is going to submit "Seven Suggestions on Severely Combating the Crime of Trafficking and Buying Women and Children". Zhu Zhengfu suggested that buying should be the same crime as abducting and selling, and in the process of the victim being abducted and bought, any behavior that helps to maintain and restore the victim’s state of detention, coercion and violation should be regarded as a joint crime of abducting and selling.
He suggested that Article 241 of the Criminal Law should be amended to "be sentenced to fixed-term imprisonment of not more than three years, criminal detention or control" for the crime of buying abducted women and children, and refer to Article 240 for the punishment of the crime of abducting and selling women and children, and be changed to "be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and be fined". Whoever buys more than three women and children, commits adultery with the bought women and children, illegally detains or forces the bought women and children to work, and causes serious injuries (including serious mental illness), death or other serious consequences to the abducted women and children or their relatives, "shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated; If the circumstances are particularly serious, he shall be sentenced to death and his property shall be confiscated. " In the process of the victim being abducted and bought, any act that helps to maintain and restore the victim’s state of detention, coercion and violation shall be regarded as a joint crime of abduction or buying, and criminal responsibility shall be investigated according to the provisions of Article 240 or 241 of the Criminal Law.
He also suggested expanding the scope of application of self-defense, from the day when the victim was abducted to the day when he was rescued, and excluding the application of excessive defense to the self-defense behavior and rescue behavior of the victim and those who helped rescue him. During this period, all acts of violence by the victim against the perpetrator should be regarded as acts of self-defense.
Zhu Zhengfu believes that the most urgent task at the moment is to conduct a nationwide comprehensive investigation and rescue of women and children who may be trafficked. The Ministry of Public Security announced that from March 1 to December 31, a special campaign was launched to crack down on the crime of abducting and selling women and children, comprehensively sorting out clues to investigate the rights and interests of women and children, and focusing on investigating suspected abducted persons. He suggested that those who should know but don’t know, who know but don’t report or who are slow to rescue can be dismissed, and those who constitute a crime can be investigated for criminal responsibility according to the provisions of the crime of dereliction of duty in Article 397 of the Criminal Law, or accomplices who kidnap and buy women and children. Anyone who obstructs the rescue in any way shall be investigated for criminal responsibility according to different situations, such as the crime of obstructing official duties, the crime of gathering people to obstruct the rescue of bought women and children, and the joint crime of buying women and children. Text/reporter Dong Xin
Co-ordination/Liu Xiaoxue
