收买被拐卖妇女儿童罪法定刑问题探究

Exploration of the Statutory Punishment for the Crime of Buying and Selling Abducted Women and Children

摘要: 拐卖妇女、儿童的案件在我国常有发生，引起了收买被拐卖妇女、儿童罪法定刑问题的争议。目前学界关于该罪法定刑修改的观点主要有维持论和提高论。维持论存在着预备犯拟制理论不合理、与对向犯理论冲突以及法益衡量不足等无法克服的局限性，无法遏制拐卖犯罪的发生。相比之下，提高论则存在着符合犯罪经济学的内涵、有利于提高打击力度等优势，有利于更好地保护妇女、儿童的合法权益，也更有利于实现刑法预防犯罪和惩罚犯罪的功能。因此，提高收买被拐卖妇女、儿童罪的法定刑有着相当的合理性。

Abstract: Cases of buying and selling women and children often occur in China, causing controversy over the legal punishment for the crime of bribing abducted women and children. At present, there are two main views in the academic community on the modification of the statutory punishment for this crime: the maintenance theory and the improvement theory. The maintenance theory has limitations that cannot be overcome, such as the irrationality of the theory of preparatory crime, and insufficient measurement of legal interest, which cannot curb the occurrence of trafficking crimes. In contrast, the improvement theory has advantages such as conforming to the connotation of criminal economics and being conducive to increasing the intensity of crackdown, which are conducive to better protecting the legitimate rights and interests of women and children, as well as realizing the functions of criminal law in preventing and punishing crimes. Therefore, it is reasonable to increase the statutory punishment for the crime of buying abducted women and children.