我国收买被拐卖的妇女罪刑罚设置之完善  

The Penalty for the Crime of Buying Abducted and Trafficked Women Should be Increased

作　　者：卢勤忠[1] 高艺尹 Lu Qinzhong;Gao Yiyin

机构地区：[1]华东政法大学 [2]华东政法大学刑事法学研究院

出　　处：《青少年犯罪问题》2022年第5期73-85,共13页Issues on Juvenile Crimes and Delinquency

摘　　要：学界关于是否需要修改收买被拐卖的妇女罪之刑罚存在较大争议。维持收买被拐卖的妇女罪之刑罚存在着收买被拐卖的妇女罪和拐卖妇女罪刑罚设置失衡,不贴合收买被拐卖的妇女罪之罪质特征等问题。我国当前收买被拐卖的妇女罪的刑罚设置难以实现良好的犯罪预防效果,通过分析对向犯理论,可以证明我国刑事立法提高收买被拐卖的妇女罪的刑罚存在必要性。此外,在全球刑法统一化格局下,收买类犯罪作为国际社会共同抵制的重要犯罪之一,我国刑法也可以借鉴和参考相关国际规范及各法域刑法规范,适当提高收买被拐卖的妇女罪之刑罚,并尝试分级处遇和增设罚金刑的刑罚设置。Under the current legislation of the crime of abducting and trafficking in women and the crime of buying abducted and trafficked women in China, there is a great controversy about whether to increase the penalty of buying abducted and trafficked women. There are some problems in maintaining the penalty of buying abducted and trafficked women, such as the imbalance in the penalty setting between the crime of buying abducted and trafficked women and the crime of abducting and trafficking in women, and the lack of conformity with the qualitative characteristics of the crime of buying abducted and trafficked women. In addition, the theory of correspondence offense can prove it essential to increase the penalty of the crime of buying abducted and trafficked women in our country, while the current penalty setting is difficult to make it effective in crime prevention. Under the pattern of global criminal law unification, human trafficking as one of the chief crimes that the world community commonly resists, we can also learn from the international documents and the legislation of various jurisdictions, appropriately increase the penalty of the crime of buying abducted and trafficked in our country, try to deal with it at different levels and add the penalty of fine.

关 键 词：拐卖妇女罪 收买被拐卖的妇女罪 对向犯 预防刑 

分 类 号：D924.3[政治法律—刑法学]