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How to distinguish between abducting and selling women and introducing marriage for money

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How to distinguish between abducting and selling women and introducing marriage for money


        

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  • 2024-06-24 09:00:00

    Conditions for constituting the crime of abducting and trafficking in women: The crime of abducting and trafficking in women refers to the act of abducting, kidnapping, buying, trafficking, receiving and sending, and transferring women for the purpose of selling. The object of this crime is limited to women. Women refer to women who have reached the age of 14. The women and children here include those with Chinese nationality, those with foreign nationality and those without nationality; It can be either the wife, children and other relatives of the perpetrator who have no relationship with the perpetrator; They can be those with or without legal identity certificates. The key to this crime is that the perpetrator has carried out the act of abducting and trafficking in women. The so-called abducting and trafficking in women means abducting, kidnapping, buying, trafficking, picking up and sending women, and transferring women for the purpose of selling. Two points should be noted here: first, the perpetrator should only perform the above actions
    1、 Can constitute this crime. At the same time, the above-mentioned acts only constitute one crime, and no combined punishment for several crimes will be imposed; Second, the act of kidnapping and trafficking does not take violating the will of the abductee as a necessary condition. Even if women are willing to be abducted and trafficked, it does not affect the fact that the abductee constitutes this crime. Subjectively, the perpetrator has the purpose of selling women, which is not only a necessary condition to constitute this crime, but also the key to distinguish this crime from related crimes. Whoever kidnaps a woman for extortion of property shall be convicted of kidnapping; Whoever does not buy an abducted and trafficked woman for the purpose of selling her shall be convicted of buying an abducted and trafficked woman.
    2、 What are the differences between abducting and selling women and asking for money by introducing marriage? It refers to the behavior that the actor asks for money from one or both of them by taking the opportunity of being a marriage introducer for both men and women. The act of asking for property by introducing an adoption means that the perpetrator takes the opportunity of introducing an adoption to others to ask for property from the adopter. The crime of abducting and trafficking in women and children and the above two acts should be divided into the following points:
    1. Whether there are cases of deception and violation of women's will. The majority of abducted and trafficked women are deceived and against their will, except in some cases when they are voluntary; As for the behavior of introducing marriage to ask for property, the marriage is based on the woman's willingness, does not violate her will, and is not deceptive. The introduction of an adopted child must be based on the voluntariness of both parties. In particular, the party placing out the child for adoption must be based on the voluntariness and the adoption relationship must be established. The introducer only serves as a matchmaker.
    2. The nature of collecting property is different. The property collected from abducting and selling women and children has the nature of transaction, and the property obtained by the perpetrator is the value of women and children, and the amount is high; However, for those who introduce marriage or adoption, the property collected is in the nature of reward, instead of taking women and children as the objects of sale, the actor asks for remuneration on the basis of the voluntary establishment of marriage and adoption relationship, and the amount is relatively low.
    3. Subjective purposes are different. The perpetrator abducts and sells women and children subjectively for the purpose of selling; The introduction of marriage and adoption of children to ask for property is to obtain property as an appropriate reward.

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    2024-06-24 09:00:00

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