论提高收买被拐卖的妇女、儿童罪法定刑

On Enhancing the Statutory Penalty for the Crime of Purchasing Women and Children Who Have Been Trafficked

摘要: 当前对于收买被拐卖的妇女、儿童罪的打击存在着刑罚过于轻缓、数罪并罚条款难以落实等问题。从保护法益的角度来看，收买被拐卖的妇女、儿童罪与拐卖妇女、儿童罪所保护的法益相同，均是“人身不可收买性”，并且两者是一组对向犯，两罪的法定刑不应具有如此悬殊的差距；从当前收买被拐卖的妇女、儿童罪的打击情况来看，过于轻缓的刑罚不利于对收买犯罪行为的打击。因此，应该对收买被拐卖的妇女、儿童罪及相关制度进一步完善，适当提高收买被拐卖妇女、儿童罪的法定刑、对从宽条款的适用进行限缩、增加加重处罚条款、激活数罪并罚并通过有效的法律解释解决追诉时效阻碍依法追究收买行为的刑事责任的问题。

Abstract: At present, there are problems such as overly lenient penalties and difficulty in implementing the provisions for concurrent punishment for the crime of purchasing trafficked women and children. From the perspective of protecting legal interests, the crime of purchasing trafficked women and children and the crime of trafficking women and children protect the same legal interests, which is the “non-purchasability of human beings”, and the two are a pair of reciprocal crimes. The statutory penalties for the two crimes should not have such a huge gap. Judging from the current situation of combating the crime of purchasing trafficked women and children, overly lenient penalties are not conducive to the crackdown on the crime of purchasing. Therefore, the crime of purchasing trafficked women and children and related systems should be further improved. The statutory penalty for the crime of purchasing trafficked women and children should be appropriately enhanced, the application of leniency provisions should be restricted, aggravating penalty provisions should be added, concurrent punishment provisions should be activated, and the problem of the statute of limitations hindering the criminal responsibility of purchasing behavior should be solved through effective legal interpretation.