收买被拐卖的妇女、儿童罪的法定刑配置问题研究

Research on the Allocation of Statutory Penalties for the Crime of Purchasing Trafficked Women and Children

摘要: 在收买被拐卖的妇女、儿童一罪中，收买行为侵犯妇女、儿童的个体法益，将妇女、儿童进行商品化，更是对人类集体尊严的严重亵渎。近年来，在极端个案的牵动下，公众对犯罪分子的行为深感震惊与痛心，学界、实务界对此罪法定刑配置的合理性讨论亦是众说纷纭，莫衷一是。本文认为法定刑调整的必要性及调整幅度问题时不应忽视司法实务现状，拐卖与收买同为重罪，应适当提高本罪法定刑，但不宜与拐卖犯罪齐平。

Abstract: In the crime of purchasing trafficked women and children, the act of purchasing infringes upon the individual legal interests of women and children. The commercialization of women and children is a serious desecration of the collective dignity of humanity. In recent years, under the influence of extreme cases, the public has been deeply shocked and distressed by the actions of criminals. The academic and practical circles have also held diverse discussions on the rationality of the statutory penalty allocation for this crime, with no consensus reached. When this article considers the necessity and extent of the adjustment of the statutory penalty, the current situation of judicial practice should not be ignored. Trafficking and buying are both serious crimes. The statutory penalty of this crime should be appropriately increased, but it should not be on the same level as the crime of trafficking.