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2023-08-07

{"zh":"2015年2月27日,最高法发布惩治拐卖妇女儿童犯罪典型案例","en":"On February 27, 2015, the Supreme Court issued a typical case of punishing the crime of trafficking in women and children"}

{"zh":"

目录

1.蓝树山拐卖妇女、儿童案

2.马守庆拐卖儿童案

3.孙同山拐卖儿童案

4.邢小强拐卖儿童案

5.王宁宁拐卖儿童案

6.杨恩光、李文建等拐卖妇女案

7.李侠拐卖儿童、孙泽伟收买被拐卖的儿童案

8.王尔民收买被拐卖的妇女、非法拘禁、强奸案

 

一、蓝树山拐卖妇女、儿童案

(一)基本案情

19889月,被告人蓝树山伙同同案被告人谭汝喜(已判刑)等人在广西壮族自治区南宁市,将被害人向某某(女,时年22岁)拐带至福建省大田县,经林传溪(另案处理,已判刑)等人介绍,将向某某出卖。19896月,蓝树山伙同黄日旭(另案处理,已判刑),经“邓八”(在逃)介绍,将被害人廖某(男,时年1岁)从广西壮族自治区宾阳县拐带至大田县,经林传溪介绍,将廖某出卖。此后至2008年间,蓝树山采取类似手段,单独或伙同他人在广西宾阳县、巴马县等12个县,钦州市、凭祥市、贵港市、河池市等地,先后将被害人韦某某、黄某某等33310岁男童拐带至福建省大田县、永春县,经林传溪、苏二妹(另案处理,已判刑)和同案被告人郭传贴、涂文仕、陈建东(均已判刑)等人介绍,将其出卖。蓝树山拐卖妇女、儿童,非法获利共计50余万元。

(二)裁判结果

广西壮族自治区河池市中级人民法院经审理认为,蓝树山为牟取非法利益,拐卖妇女、儿童,其行为已构成拐卖妇女、儿童罪。虽然蓝树山归案后坦白认罪,但其拐卖妇女、儿童人数多,时间长,主观恶性极深,社会危害极大,情节特别严重,不足以从轻处罚。依照刑法有关规定,以拐卖妇女、儿童罪判处被告人蓝树山死刑,剥夺政治权利终身,并处没收个人全部财产。宣判后,蓝树山提出上诉。广西壮族自治区高级人民法院经依法审理,裁定驳回上诉,维持原判,并依法报请最高人民法院复核。最高人民法院经依法复核,核准蓝树山死刑。罪犯蓝树山已于近日被执行死刑。

(三)典型意义

对于拐卖妇女、儿童犯罪,我国司法机关历来坚持从严惩治的方针,其中,偷盗、强抢、拐骗儿童予以出卖,造成许多家庭骨肉分离,对被拐儿童及其家庭造成巨大精神伤害与痛苦,在社会上易引发恐慌情绪,危害极大,更是从严惩治的重点。本案中,被告人蓝树山拐卖妇女1人,拐骗儿童34人予以出卖,不少儿童被拐10多年后才得以解救,回到亲生父母身边。众多家长为寻找被拐儿童耗费大量时间、金钱和精力,其中有1名被拐儿童亲属因伤心过度去世。综合考虑,蓝树山所犯罪行已属极其严重,尽管有坦白部分拐卖事实的从轻处罚情节,法院对其亦不予从轻处罚。

 

二、马守庆拐卖儿童案

(一)基本案情

2006年至2008年,被告人马守庆伙同被告人宋玉翠、宋玉红、宋空军(均已判刑)等人,以出卖为目的, 向侯会华、侯树芬、师江芬、师小丽(均另案处理,已判刑)等人从云南省元江县等地收买儿童,贩卖至江苏省连云港市、山东省临沂市等地。其中马守庆作案27,参与拐卖儿童37人,其中1名女婴在从云南到连云港的运输途中死亡。马守庆与宋玉翠、宋玉红、宋空军共同实施部分犯罪,在其中起组织、指挥等主要作用。案发后,公安机关追回马守庆等人的犯罪所得22.6万元。

(二)裁判结果

江苏省连云港市中级人民法院经审理认为,马守庆以出卖为目的拐卖儿童,其行为已构成拐卖儿童罪。马守庆参与拐卖儿童37,犯罪情节特别严重,且系主犯,应依法惩处。据此,依照刑法有关规定,以拐卖儿童罪判处被告人马守庆死刑,剥夺政治权利终身,并处没收个人全部财产。宣判后,马守庆提出上诉。江苏省高级人民法院经依法审理,裁定驳回上诉,维持原判。最高人民法院经依法复核,核准马守庆死刑。罪犯马守庆已被依法执行死刑。

(三)典型意义

本案是一起由拐卖犯罪团伙实施的特大贩婴案件。本案犯罪时间跨度长,被拐儿童人数多达37人,且均是婴儿。在收买、贩卖、运输、出卖婴儿的诸多环节,“人贩子”视婴儿为商品,缺少必要的关爱、照料;有的采取给婴儿灌服安眠药、用塑料袋、行李箱盛装运输等恶劣手段,极易导致婴儿窒息伤残或者死亡,本案中即有1名婴儿在被贩运途中死亡。实践中,不法分子在贩运途中遗弃病婴的情形亦有发生。人民法院综合考虑马守庆拐卖儿童的犯罪事实、性质、情节和危害后果,对其依法判处死刑,符合罪责刑相一致原则

 

三、孙同山拐卖儿童案

(一)基本案情

200410月至20121月,被告人孙同山伙同张祖斌、田学良等17名被告人(均已判刑)以出卖为目的,通过居间介绍或强抢等方式,贩卖婴儿共计14人。

(二)裁判结果

山东省潍坊市中级人民法院经审理认为,孙同山以出卖为目的,居间介绍贩卖儿童7人,强抢儿童并贩卖7人(1名婴儿系从亲生父母处强抢,其余6名系从同案被告人处抢得),其行为已构成拐卖儿童罪。孙同山归案后主动供述了公安机关尚未掌握的部分罪行,并有协助公安机关抓获同案犯的立功表现,可予以从轻处罚。依照刑法等有关规定,以拐卖儿童罪判处被告人孙同山无期徒刑,剥夺政治权利终身,并处没收个人全部财产;对其他17名被告人分别判处十五年至一年六个月不等有期徒刑。宣判后,孙同山提出上诉。山东省高级人民法院经依法审理,裁定驳回上诉,维持原判。

(三)典型意义

本案是一起交叉结伙贩卖儿童的共同犯罪案件,涉案人数众多,且互相介绍、互为依托、共享信息,使该团伙的拐卖“供需”网络不断扩大,买卖双方“交易”成功率上升,导致买卖地拐卖儿童案件高发,社会危害性极大,且容易滋生新的犯罪。特别是本案被告人不仅通过收买后贩卖的方式作案,在拐卖团伙发展壮大到一定程度后,逐渐出现强抢儿童予以贩卖的现象。犯罪分子不仅从“人贩子”手中强抢婴儿,亦从亲生父母手中强抢,社会危害性及人身危险性进一步升级。因此,在加大对此类犯罪团伙打击力度的同时,应加大宣传力度,提高父母的安全防范意识,不给犯罪分子以可乘之机。

 

四、邢小强拐卖儿童案

(一)基本案情

20119月,被告人邢小强的妻子陈某怀孕,经检查是一对双胞胎。邢小强想将孩子卖掉,后经他人居间介绍,约定孩子出生后,以2.5万元的价格卖给婚后未生育的石某某、龙某某夫妇。同年1219日,陈某生下一对双胞胎男婴,邢小强即将两个孩子抱走,交给龙某某,得款2万余元。

201212月,陈某再次怀孕。被告人邢小强还想将孩子卖掉,主动找人介绍,寻找买家。经联系,约定若是男婴,便以1万元的价格卖给婚后未生育的孔某某、党某某夫妇。20131月,陈某生下一名男婴。邢小强让孔某某的父亲将小孩抱走,得款1万元。

(二)裁判结果

湖北省枣阳市人民法院经审理认为,邢小强以非法获利为目的出卖3名亲生儿子,其行为已构成拐卖儿童罪。邢小强经人居间介绍,出卖亲生儿子,在共同拐卖儿童犯罪中起主要作用,系主犯,归案后如实供述自己的犯罪事实,认罪态度较好,可酌情从轻处罚。依照刑法有关规定,以拐卖儿童罪判处被告人邢小强有期徒刑十年,并处罚金人民币一万元。本案居间介绍的其他多名同案被告人,均以拐卖儿童罪分别判处五年至二年不等有期徒刑,或者被宣告缓刑、免予刑事处罚。

(三)典型意义

本案是一起以非法获利为目的出卖亲生子女构成拐卖儿童罪的典型案例。当前,在司法机关严厉打击下,采取绑架、抢夺、偷盗、拐骗等手段控制儿童后进行贩卖的案件明显下降,一些父母出卖、遗弃婴儿,以及“人贩子”收买婴儿贩卖的现象仍多发高发。对于父母将子女私自送给他人收取钱财的案件,如果行为人具有非法获利的目的,就应该以拐卖儿童罪论处。本案中,被告人邢小强先后两次将3名亲生儿子卖给他人,且均是在孩子出生之前即主动表示要卖出孩子,联系居间介绍人要求帮助寻找买家,并且明码标价,收取数额较高的钱财,孩子出生后即按事先约定将孩子卖出。根据上述事实与情节,足以认定邢小强并非因生活困难、无力抚养才被迫将孩子送养,而是将孩子作为商品,将生孩子出卖作为牟利手段来获取非法利益。人民法院据此认定邢小强的行为构成拐卖儿童罪,对参与犯罪的居间介绍人,根据各自地位、作用、责任大小,分别判处轻重不等的刑罚,体现了人民法院对于以非法获利为目的出卖亲生子女犯罪坚决依法惩处的鲜明态度。

 

五、王宁宁拐卖儿童案

(一)基本案情

201011月、201312月,被告人王宁宁以收养为名,先后通过互联网联系3名未婚先孕且不想抚养孩子的妇女到山东省临邑县待产。3名妇女产子后,王宁宁单独或伙同周长峰、邵金环(均系同案被告人,已判刑)将3名男婴分别以每名儿童3万余元至4万余元的价格卖给他人。

(二)裁判结果

山东省临邑县人民法院经审理认为,王宁宁以收养为名,将从亲生父母处骗来的婴儿出卖,其行为已构成拐卖儿童罪。王宁宁拐卖儿童3人,应依法惩处。鉴于其归案后认罪态度较好,依法可酌情从轻处罚。依照刑法有关规定,以拐卖儿童罪判处被告人王宁宁有期徒刑十年,并处罚金人民币二万元。

(三)典型意义

本案是一起利用孕妇并通过互联网贩卖婴儿的典型案例。近年来,随着打击力度的加大,不法分子不断变换手法,采取更为隐蔽的方式实施拐卖犯罪。比如,事先联系好“买主”,物色、组织孕妇到“买主”所在地,待孕妇临产后即将其所生子女出卖获利,以此逃避长途贩卖、运输婴儿过程中被查缉的风险。此类犯罪手段的变化已引起司法机关的关注,本案的依法审理,是对犯罪行为的有力震慑。

 

六、杨恩光、李文建等拐卖妇女案

(一)基本案情

被告人杨恩光、李文建伙同田沈忠、张兴祥、李春飞等人(均系同案被告人,已判刑),先后以嫖娼为名,在云南省河口县一些宾馆、酒店,采用暴力手段,强行将越南籍妇女被害人阮某桃、阮某恒等17人带至云南省富宁县、砚山县、广南县、马关县等地,通过赵阿林、何万周(均系同案被告人,已判刑)等联系,转卖给当地村民。其中,杨恩光参与作案6起,拐卖妇女12人,李文建参与作案7起,拐卖妇女14人。

(二)裁判结果

云南省红河哈尼族彝族自治州中级人民法院经审理认为,杨恩光、李文建等人采用暴力、胁迫的方式绑架妇女后出卖,其行为构成拐卖妇女罪,均应依法惩处。在共同犯罪中,杨恩光、李文建提起犯意,具体负责联系买家交易及分配赃款,起主要作用,系主犯。杨恩光系累犯,应从重处罚。依照刑法有关规定,以拐卖妇女罪分别判处被告人杨恩光、李文建死刑,缓期二年执行,剥夺政治权利终身,并处没收个人全部财产;以拐卖妇女罪分别判处田沈忠、张兴祥、李春飞等人无期徒刑,剥夺政治权利终身,并处没收个人全部财产;其他同案被告人分别被判处十五年至四年不等有期徒刑,并处没收个人全部财产或罚金。宣判后,杨恩光、李文建提出上诉。云南省高级人民法院经依法审理,裁定驳回上诉,维持原判。

(三)典型意义

本案被害人身份特殊,均系越南籍妇女,且多数在我国境内从事卖淫活动,本属依法整顿治理的对象,但被害人的特殊身份并不影响我国司法机关对拐卖妇女涉案人员的定罪量刑。本案两名被告人被判处死缓,三名被告人被判处无期徒刑,彰显了我国司法机关依法严厉打击、遏制一切形式拐卖妇女犯罪的决心。案发后,我国司法机关依照我国缔结和参加的有关国际条约的规定,积极履行所承担的国际义务,将被解救妇女妥善安置,并及时与有关外事部门联系,提供司法协助和司法救助,将被解救妇女全部安全地送返国籍国。

 

七、李侠拐卖儿童、孙泽伟收买被拐卖的儿童案

(一)基本案情

201352120时许,被告人李侠发现左某某带领孙子陈某某(不满2周岁)和孙女在河南省开封市祥符区世纪广场玩耍,遂趁左某某不注意时将陈某某盗走。后李侠冒充陈某某的母亲,在网上发帖欲收取5万元钱将陈某某“送养”。被告人孙泽伟看到消息后与李侠联系,于523日见面交易。在未对李侠及陈某某的身份关系进行核实的情况下,经讨价还价,孙泽伟付给李侠4万元钱,将陈某某带至山东省菏泽市曹县家中。公安机关破案后,已将陈某某解救送还亲属。

(二)裁判结果

河南省开封市祥符区人民法院经审理认为,李侠以出卖为目的偷盗幼儿,其行为已构成拐卖儿童罪。孙泽伟收买被拐卖的儿童,其行为已构成收买被拐卖的儿童罪。依照刑法有关规定,以拐卖儿童罪判处被告人李侠有期徒刑十年,并处罚金人民币二万元;以收买被拐卖的儿童罪判处被告人孙泽伟有期徒刑七个月。

(三)典型意义

拐卖儿童造成许多家庭骨肉分离,社会危害巨大。收买被拐卖的儿童行为,客观上诱发、助长“人贩子”铤而走险实施拐卖犯罪,造成被拐儿童与家庭长期天各一方,社会危害同样不容忽视。本案中,被告人李侠偷盗幼儿出卖,法院以拐卖儿童罪对其判处有期徒刑十年,体现了依法从严惩处。作为具有正常社会阅历、经验的成年人,被告人孙泽伟应当知道李侠携带的幼童可能系被拐卖,但未对双方关系进行任何核实即对幼童陈某某予以收买,其行为已构成收买被拐卖的儿童罪。人民法院对本案“买主”依法定罪判刑,再次向社会昭示:我国法律绝不容忍任何买卖儿童行为,抱着侥幸心理收买被拐卖的儿童“抚养”,最终不仅会“人财两空”,还要受到法律制裁。

 

八、王尔民收买被拐卖的妇女、非法拘禁、强奸案

(一)基本案情

被告人王尔民因妻子不能生育而欲收买妇女为其生子。20136月,王尔民以1万元从张正见、武仲廷(均系同案被告人,已判刑)处将被害人杨某(女,患有精神分裂症)收买回家。为防止杨某逃跑,王尔民将杨某关在家中杂物间,并用铁链锁住杨某的双脚,将杨某的一只手锁在一块大石头上。其间,王尔民多次与杨某发生性关系。同年712日,杨某被公安机关解救。

(二)裁判结果

江苏省睢宁县人民法院经审理认为,王尔民收买被拐卖的妇女后非法限制其自由,明知该妇女患有精神病,还多次与其发生性关系,其行为分别构成收买被拐卖的妇女罪、非法拘禁罪和强奸罪,应依法并罚。依照刑法有关规定,对王尔民以收买被拐卖的妇女罪判处有期徒刑一年六个月;以非法拘禁罪判处有期徒刑二年六个月;以强奸罪判处有期徒刑七年,决定执行有期徒刑十年。

(三)典型意义

本案是一起因收买被拐卖的妇女被判刑的典型案例。实践中,收买被拐卖的妇女不仅侵犯了妇女的人格尊严,还往往滋生出非法拘禁、强奸、伤害、侮辱等其他犯罪,严重侵犯了妇女的人身权利,社会危害不容低估,一些群众对“买主”盲目同情的错误观念亦应纠正。


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catalogue

1. The case of trafficking in women and children in Blue Tree Mountain

2. Ma Shouqing's abduction and trafficking of children case

3. Sun Tongshan's Child Abduction and Trafficking Case

4. Xing Xiaoqiang's abduction and trafficking of children case

5. Wang Ningning's abduction and trafficking of children case

6. Cases of Yang Enguang, Li Wenjian, and others kidnapping and trafficking in women

7. The case of Li Xia kidnapping and selling children, and Sun Zewei bribing abducted children

8. Cases of Wang Ermin bribing abducted women, illegal detention, and rape


1、 Blue Tree Mountain Abduction and Trafficking of Women and Children Case

(1) Basic facts of the case

In September 1988, the defendant Lan Shushan, along with the co defendant Tan Ruxi (sentenced) and others, abducted the victim Xiang (female, 22 years old at the time) to Datian County, Fujian Province in Nanning City, Guangxi Zhuang Autonomous Region. After being introduced by Lin Chuanxi (handled separately and sentenced) and others, they were about to sell the victim to XX. In June 1989, Lan Shushan, together with Huang Rixu (who had already been sentenced and dealt with separately), abducted the victim Liao (male, then 1 year old) from Binyang County, Guangxi Zhuang Autonomous Region to Datian County through the introduction of "Deng Ba" (at large), and sold Liao through the introduction of Lin Chuanxi. From then on to 2008, Lanshushan adopted similar measures, either alone or in collaboration with others, to kidnap 33 boys aged 3 to 10, including victims Wei, Huang, and others, to Datian County and Yongchun County in Fujian Province in 12 counties including Binyang County and Bama County in Guangxi, as well as Qinzhou City, Pingxiang City, Guigang City, Hechi City, and other cities. Lin Chuanxi, Su Ermei (handled separately and sentenced), and co defendants Guo Chuantie, Tu Wenshi Chen Jiandong (both sentenced) and others introduced him and sold him. The trafficking of women and children in Blue Tree Mountain resulted in illegal profits of over 500000 yuan.

(2) Judgment results

The Intermediate People's Court of Hechi City, Guangxi Zhuang Autonomous Region, after trial, found that Blue Tree Mountain, in order to seek illegal benefits, abducted and sold women and children, and its behavior has constituted the crime of kidnapping and selling women and children. Although Blue Tree Mountain confessed his guilt after being brought to justice, he had a large number of women and children who were abducted and trafficked for a long time, with a deep subjective malignancy and great social harm. The circumstances were particularly serious, and it was not enough for a lighter punishment. According to the relevant provisions of the Criminal Law, the defendant Lan Shushan was sentenced to death for the crime of trafficking in women and children, deprived of political rights for life, and concurrently confiscated all personal property. After the verdict was pronounced, Blue Tree Mountain appealed. After being tried in accordance with the law, the Higher People's Court of Guangxi Zhuang Autonomous Region has ruled to dismiss the appeal, upheld the original judgment, and submitted it to the Supreme People's Court for review in accordance with the law. The Supreme People's Court has reviewed and approved the Blue Tree Mountain death penalty in accordance with the law. The criminal Blue Tree Mountain has been executed recently.

(3) Typical significance

For the crime of kidnapping and trafficking in women and children, China's judicial authorities have always adhered to the policy of strict punishment. Among them, theft, robbery, and abduction of children for sale have caused separation of bones and flesh in many families, causing huge mental damage and pain to the abducted children and their families, easily triggering panic in society, causing great harm, and being the focus of strict punishment. In this case, the defendant, Lan Shushan, abducted and sold one woman and 34 children. Many children were abducted for more than 10 years before being rescued and returned to their biological parents. Many parents spend a lot of time, money, and effort searching for abducted children, including one relative who passed away due to excessive sadness. Overall, the crimes committed by Blue Tree Mountain are extremely serious. Despite the lenient punishment of confessing some of the facts of trafficking, the court will not impose lenient punishment on them.


2、 Ma Shouqing's Abduction and Trafficking of Children Case

(1) Basic facts of the case

From 2006 to 2008, the defendant Ma Shouqing, together with the defendants Song Yucui, Song Yuhong, Song Air Force (all sentenced) and others, bought children from Yuanjiang County, Yunnan Province and other places for the purpose of selling them to Hou Huihua, Hou Shufen, Shi Jiangfen, Shi Xiaoli (all handled separately and sentenced) and sold them to Lianyungang City, Jiangsu Province and Linyi City, Shandong Province. Among them, Ma Shouqing committed 27 crimes and participated in the trafficking of 37 children, including the death of one female infant during transportation from Yunnan to Lianyungang. Ma Shouqing, along with Song Yucui, Song Yuhong, and Song Air Force, jointly committed some crimes and played a major role in organizing and directing them. After the incident, the public security organs recovered 226000 yuan from the criminal gains of Ma Shouqing and others.

(2) Judgment results

After trial, the Intermediate People's Court of Lianyungang City, Jiangsu Province found that Ma Shouqing's act of abducting and selling children for the purpose of selling has constituted the crime of abducting and selling children. Ma Shouqing participated in the abduction and trafficking of 37 children, and the criminal circumstances are particularly serious. He is the main culprit and should be punished in accordance with the law. Based on this, in accordance with the relevant provisions of the Criminal Law, the defendant Ma Shouqing was sentenced to death for the crime of child trafficking, deprived of political rights for life, and concurrently confiscated all personal property. After the verdict was pronounced, Ma Shouqing appealed. After being tried in accordance with the law, the Higher People's Court of Jiangsu Province has ruled to dismiss the appeal and uphold the original judgment. The Supreme People's Court has reviewed and approved Ma Shouqing's death penalty in accordance with the law. The criminal Ma Shouqing has been executed in accordance with the law.

(3) Typical significance

This case is a major baby trafficking case committed by a trafficking criminal gang. The crime in this case has a long span of time, with up to 37 abducted children, all of whom are infants. In many aspects of buying, selling, transporting, and selling infants, "human traffickers" view infants as commodities and lack necessary care and care; Some use harsh methods such as administering sleeping pills to infants, using plastic bags, or luggage for transportation, which can easily lead to suffocation, disability, or death. In this case, one infant died while being trafficked. In practice, cases of illegal individuals abandoning sick infants during trafficking have also occurred. The people's court has comprehensively considered the facts, nature, circumstances, and harmful consequences of Ma Shouqing's kidnapping and trafficking of children, and sentenced him to death in accordance with the principle of consistency between crime, responsibility, and punishment.


3、 Sun Tongshan Abduction and Trafficking of Children Case

(1) Basic facts of the case

From October 2004 to January 2012, the defendant Sun Tongshan, along with 17 defendants (all sentenced) such as Zhang Zubin and Tian Xueliang, sold a total of 14 infants for the purpose of selling through intermediaries or forced robbery.

(2) Judgment results

After trial, the Intermediate People's Court of Weifang City, Shandong Province found that Sun Tongshan, with the purpose of selling, introduced and sold 7 children through intermediaries, forcibly snatched and sold 7 children (1 baby was snatched from his biological parents, and the other 6 were snatched from the defendant in the same case), and his behavior constituted the crime of child trafficking. After Sun Tongshan was brought to justice, he voluntarily confessed to some crimes that the public security organs had not yet mastered, and showed meritorious performance in assisting the public security organs in capturing accomplices. He may be given a lighter punishment. According to relevant provisions such as the Criminal Law, Sun Tongshan, the defendant, was sentenced to life imprisonment for the crime of child trafficking, deprived of political rights for life, and concurrently confiscated all personal property; The other 17 defendants were sentenced to imprisonment ranging from fifteen years to one year and six months, respectively. After the verdict was pronounced, Sun Tongshan appealed. After being tried in accordance with the law, the Higher People's Court of Shandong Province has ruled to dismiss the appeal and uphold the original judgment.

(3) Typical significance

This case is a joint criminal case of cross gang trafficking in children, involving a large number of people who introduce, rely on each other, and share information. This has led to the continuous expansion of the gang's trafficking "supply and demand" network, and the success rate of the "transaction" between the buyer and seller has increased, leading to a high incidence of child trafficking cases in the buying and selling areas, great social harm, and easy breeding of new crimes. Especially in this case, the defendant not only committed the crime through buying and selling, but also gradually emerged the phenomenon of forcibly robbing children for sale after the trafficking gang grew to a certain extent. Criminals not only forcibly rob babies from "human traffickers", but also from their biological parents, further escalating the social and personal risks. Therefore, while increasing efforts to crack down on such criminal gangs, it is necessary to increase publicity efforts, enhance parents' awareness of safety precautions, and not provide opportunities for criminals.


4、 Xing Xiaoqiang's Abduction and Trafficking of Children Case

(1) Basic facts of the case

In September 2011, the wife of the defendant Xing Xiaoqiang, Chen, became pregnant and was examined as a pair of twins. Xing Xiaoqiang wanted to sell the child, and after being introduced by someone else, he agreed to sell it to the unmarried couple Shi and Long for 25000 yuan after the child was born. On December 19 of the same year, Chen gave birth to a pair of twin boys. Xing Xiaoqiang took the two children away and handed them over to Long, earning over 20000 yuan.

In December 2012, Chen became pregnant again. The defendant Xing Xiaoqiang also wants to sell the child and proactively seeks someone to introduce him and find a buyer. After contact, it has been agreed that if it is a male baby, it will be sold to the unmarried couple Kong and Dang for a price of 10000 yuan. In January 2013, Chen gave birth to a baby boy. Xing Xiaoqiang asked Kong's father to take the child away and received a payment of 10000 yuan.

(2) Judgment results

After trial, the People's Court of Zaoyang City, Hubei Province found that Xing Xiaoqiang sold three biological sons for the purpose of illegal profit, which constituted the crime of child trafficking. Xing Xiaoqiang was introduced as a mediator and played a major role in the joint crime of child trafficking by selling his biological son. He was the main culprit and truthfully confessed his criminal facts after being brought to justice. He had a good attitude of confession and could be given a lighter punishment as appropriate. According to the relevant provisions of the Criminal Law, the defendant Xing Xiaoqiang was sentenced to ten years in prison and a fine of RMB 10000 for the crime of child trafficking. The other multiple co defendants introduced in this case were all sentenced to imprisonment ranging from five to two years for the crime of child trafficking, or were suspended or exempted from criminal punishment.

(3) Typical significance

This case is a typical case of selling biological children for the purpose of illegal profit, which constitutes the crime of child trafficking. Currently, under the severe crackdown of judicial authorities, the number of cases of trafficking in children after controlling them through methods such as kidnapping, robbery, theft, and abduction has significantly decreased. The phenomenon of some parents selling or abandoning babies, as well as "human traffickers" buying and selling babies, is still prevalent. For cases where parents privately give their children to others to collect money, if the perpetrator has the purpose of illegally profiting, they should be punished with the crime of child trafficking. In this case, the defendant Xing Xiaoqiang sold three of his biological sons to others twice, and both of them voluntarily expressed their intention to sell the children before their birth. They contacted the intermediary to request help in finding a buyer and clearly marked the price, charging a higher amount of money. After the children were born, they were sold according to the prior agreement. Based on the above facts and circumstances, it is sufficient to conclude that Xing Xiaoqiang was not forced to send out his child for adoption due to financial difficulties or inability to support him. Instead, he used the child as a commodity and sold it as a means of profit to obtain illegal benefits. The people's court hereby determined that Xing Xiaoqiang's behavior constitutes the crime of child trafficking. The intermediaries who participated in the crime were sentenced to varying degrees of punishment based on their respective positions, roles, and responsibilities, reflecting the people's court's clear attitude towards the crime of selling biological children for illegal profit and punishing them in accordance with the law.


5、 Wang Ningning's Abduction and Trafficking of Children Case

(1) Basic facts of the case

In November 2010 and December 2013, the defendant Wang Ningning contacted three unmarried pregnant women who did not want to raise their children through the internet under the name of adoption and went to Linyi County, Shandong Province to give birth. After the three women gave birth, Wang Ningning, alone or in collaboration with Zhou Changfeng and Shao Jinhuan (both defendants in the same case and sentenced), sold the three baby boys to others at prices ranging from over 30000 to over 40000 yuan per child.

(2) Judgment results

After trial, the People's Court of Linyi County, Shandong Province found that Wang Ningning sold a baby deceived from her biological parents under the guise of adoption, which constitutes the crime of child trafficking. Wang Ningning's abduction and trafficking of three children should be punished in accordance with the law. Given his good attitude towards pleading guilty after being brought to justice, he may be given a lighter punishment according to the law. According to the relevant provisions of the Criminal Law, the defendant Wang Ningning was sentenced to ten years in prison and a fine of RMB 20000 for the crime of child trafficking.

(3) Typical significance

This case is a typical case of using pregnant women and selling babies through the internet. In recent years, with the increase of crackdown efforts, illegal elements have continuously changed their tactics and adopted more covert methods to commit trafficking crimes. For example, contacting the "buyer" in advance, identifying and organizing pregnant women to go to the "buyer"'s location, and selling their children for profit after giving birth, in order to avoid the risk of being caught during long-distance sales and transportation of babies. The changes in such criminal methods have attracted the attention of judicial authorities, and the legal trial of this case is a powerful deterrent to criminal behavior.


6、 Cases of Abduction and Trafficking of Women by Yang Enguang, Li Wenjian, and Others

(1) Basic facts of the case

Defendants Yang Enguang, Li Wenjian, along with Tian Shenzhong, Zhang Xingxiang, Li Chunfei and others (all co defendants and sentenced), used violent means to forcibly bring 17 Vietnamese female victims, including Ruan Moutao and Ruan Mouheng, to Funing County, Yanshan County, Guangnan County, Maguan County, and other places in Yunnan Province under the pretext of prostitution. Through Zhao Alin He Wanzhou (both defendants in the same case and sentenced) and others were contacted and resold to local villagers. Among them, Yang Enguang participated in 6 cases, 12 women were abducted and trafficked, Li Wenjian participated in 7 cases, and 14 women were abducted and trafficked.

(2) Judgment results

After trial, the Intermediate People's Court of Honghe Hani and Yi Autonomous Prefecture in Yunnan Province found that Yang Enguang, Li Wenjian, and others used violence and coercion to kidnap women and sell them, and their actions constituted the crime of trafficking in women and should be punished in accordance with the law. In the joint crime, Yang Enguang and Li Wenjian filed a criminal intent, specifically responsible for contacting buyers for transactions and distributing stolen funds, playing a major role and being the main culprits. Yang Enguang is a recidivist and should be punished severely. According to the relevant provisions of the Criminal Law, the defendants Yang Enguang and Li Wenjian were sentenced to death for the crime of trafficking in women, with a two-year suspension of execution, deprivation of political rights for life, and confiscation of all personal property; Sentenced to life imprisonment for the crime of kidnapping and trafficking in women, including Tian Shenzhong, Zhang Xingxiang, Li Chunfei, and others, deprived of political rights for life, and concurrently confiscated all personal property; The other defendants in the same case were sentenced to imprisonment ranging from fifteen to four years, with confiscation of all personal property or fines. After the verdict was pronounced, Yang Enguang and Li Wenjian appealed. The Higher People's Court of Yunnan Province has ruled in accordance with the law to dismiss the appeal and uphold the original judgment.

(3) Typical significance

The victim in this case has a special identity, all of whom are Vietnamese women, and most of them engage in prostitution activities within the territory of China. They were originally targeted for legal rectification and governance. However, the special identity of the victim does not affect the conviction and sentencing of the judicial authorities in China for those involved in the trafficking of women. Two defendants in this case were sentenced to death with a reprieve, and three defendants were sentenced to life imprisonment, demonstrating the determination of China's judicial authorities to crack down on and curb all forms of trafficking in women in accordance with the law. After the incident, China's judicial authorities actively fulfilled their international obligations in accordance with the relevant international treaties that China has signed and participated in. They properly placed the rescued women and promptly contacted relevant foreign affairs departments to provide judicial assistance and assistance. All rescued women were safely sent back to their home countries.


7、 Li Xia Abducts and sells children, and Sun Zewei buys abducted children

(1) Basic facts of the case

At around 20:00 on May 21, 2013, the defendant Li Xia discovered that Zuo, along with his grandson Chen (under 2 years old) and granddaughter, were playing at Century Square in Xiangfu District, Kaifeng City, Henan Province. He then took advantage of Zuo's lack of attention and stole Chen. Later, Li Xia pretended to be Chen's mother and posted an online post asking for 50000 yuan to give Chen away for adoption. The defendant Sun Zewei contacted Li Xia after seeing the news and met on May 23rd for a transaction. Without verifying the identity relationship between Li Xia and Chen, after bargaining, Sun Zewei paid Li Xia 40000 yuan and took Chen to his home in Cao County, Heze City, Shandong Province. After the public security organs solved the case, Chen was rescued and returned to his relatives.

(2) Judgment results

After trial, the People's Court of Xiangfu District, Kaifeng City, Henan Province found that Li Xia's behavior of stealing young children for the purpose of selling them constitutes the crime of child trafficking. Sun Zewei's behavior of bribing abducted children has constituted the crime of bribing abducted children. According to the relevant provisions of the Criminal Law, the defendant Li Xia was sentenced to ten years in prison and a fine of RMB 20000 for the crime of child trafficking; Sun Zewei, the defendant, was sentenced to seven months in prison for the crime of buying abducted children.

(3) Typical significance

Abduction and trafficking of children result in the separation of many families' bones and flesh, posing great social harm. The act of bribing abducted children objectively induces and encourages "traffickers" to take risks and commit trafficking crimes, causing abducted children and their families to be separated for a long time, and the social harm cannot be ignored. In this case, the defendant Li Xia stole and sold a child, and the court sentenced him to ten years in prison for the crime of child trafficking, reflecting the strict punishment in accordance with the law. As an adult with normal social experience and experience, the defendant Sun Zewei should have known that the young child carried by Li Xia may have been kidnapped and sold, but without verifying the relationship between the two parties, he bribed the young child Chen. His behavior has constituted the crime of buying the kidnapped and sold child. The People's Court has convicted and sentenced the "buyer" in this case in accordance with the law, once again making it clear to the society that China's law will not tolerate any behavior of buying and selling children, and buying abducted children with a mentality of luck to "raise" them will not only result in "losing both people and money", but also be subject to legal sanctions.


8、 Cases of Wang Ermin bribing abducted women, illegal detention, and rape

(1) Basic facts of the case

The defendant Wang Ermin intended to bribe a woman to have children for his wife because she was unable to have children. In June 2013, Wang Ermin bribed the victim Yang (female, suffering from schizophrenia) home from Zhang Zhengjian and Wu Zhongting (both defendants in the same case and sentenced) for 10000 yuan. To prevent Yang from escaping, Wang Ermin locked him in the miscellaneous room at home and locked Yang's feet with an iron chain, while locking one of Yang's hands onto a large stone. During this period, Wang Ermin had sexual intercourse with Yang multiple times. On July 12 of the same year, Yang was rescued by the public security organs.

(2) Judgment results

After trial, the People's Court of Suining County, Jiangsu Province found that Wang Ermin illegally restricted the freedom of a woman who was abducted and trafficked. He knew that the woman was mentally ill and had multiple sexual relationships with him. His actions constituted the crime of buying a woman who was abducted and trafficked, the crime of illegal detention, and the crime of rape, and should be punished in accordance with the law. According to the relevant provisions of the Criminal Law, Wang Ermin was sentenced to one year and six months in prison for the crime of buying abducted women; Sentenced to two years and six months in prison for the crime of illegal detention; Sentenced to seven years in prison for the crime of rape, and decided to carry out ten years in prison.

(3) Typical significance

This case is a typical case of being sentenced for bribing a woman who was abducted and sold. In practice, buying abducted women not only violates their personal dignity, but also often breeds other crimes such as illegal detention, rape, injury, and insult, seriously infringing on women's personal rights. The social harm should not be underestimated, and some people's misconceptions of blind sympathy for "buyers" should also be corrected.


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