论收买被拐卖的妇女罪法定刑之提高与完善

On the Increase and Improvement of the Statutory Sentence for the Crime of Buying Trafficked Women

摘要: 关于收买被拐卖的妇女罪法定刑的调整问题学界争议已久，在讨论法定刑的设定之前，需先确认罪名的保护法益，收买被拐卖的妇女罪保护法益争议涉及人身不受买卖权与人格尊严权两方面，相比于二者选其一，双重保护法益的共存模式可使本罪的运用更加全面与实用。而通过对比“维持派”与“提高派”的核心论点，提高法定刑更符合现实需求，本罪法定刑提高的修正策略主要可从三个方面进行，一是通过直接提高241条第1款法定刑并保留从轻或减轻条款，使二者行为后果产生强烈对比，以引导行为人实施更有利于受害妇女的行为；二是通过确认收买被拐卖的妇女罪与他罪并罚来调整数罪并罚条款与现实应用的矛盾；三是延长本罪追诉时效以遏制和惩治收买行为。

Abstract: There has been a long-standing debate in the academic community regarding the adjustment of the statutory penalties for the crime of buying trafficked women. Before setting the statutory penalties, it is necessary to confirm the protected interests of the crime. The disputes over the protected interests of the crime of buying trafficked women involve the rights of not being bought and sold and the right to personal dignity. Compared with choosing one of them, the coexistence model of dual protected interests can make the application of this crime more comprehensive and practical. By comparing the core arguments of the “maintenance faction” and the “increase faction,” raising the statutory penalties is more in line with the real needs, and the strategy for amending the statutory penalties of this crime can mainly be carried out from three aspects. Firstly, by directly raising the first clause of Article 241 and retaining the clauses for mitigation or leniency, the consequences of the two behaviors can be strongly contrasted, thereby guiding the perpetrator to conduct behaviors that are more beneficial to the victim. Secondly, by confirming the punishment for the crime of buying trafficked women and other crimes, the contradiction between the articles on multiple punishments and their real application can be adjusted. Thirdly, extending the statute of limitations for prosecuting this offense is to curb and punish the act of buying.