Jurisprudence of Aggravation of the Crime of Buying Abducted Women or Children Abstract: Keywords:

Abstract

China’ s crackdown on human trafficking has maintained a high-pressure situation, but the risk of women and children being trafficked is still serious, and the leniency of the penalty for the crime of buying abducted wom - en or children has caused people to reflect on the setting of penalties for this crime, and voices of aggravation of the crime have become more and more prevalent. The aggravation of the penalty should be based on the aggravation of social harm, and the aggravation of social harm should be judged comprehensively from multi- ple perspectives, such as the degree of infringement on legal interests. Therefore, it is necessary to first clarify that, based on the behavioral pattern of the act of buying, the right not to be bought or sold is the correspond - ing legal interest to be protected in this crime, and to build up a legal interest concept of not being bought or sold. Subsequently, the value of the social harm of this crime should be comprehensively analyzed from the angles of human rights infringement, legal interests infringement and social evaluation, so as to provide a the- oretical basis for the aggravation of this crime.