拐卖妇女儿童罪的几个问题

拐卖妇女、儿童罪是一种严重的危害社会的犯罪,其保护客体是被拐取人的人身自由和本来的生活场所的安全。构成本罪,被害妇女的同意可以阻却违法,但儿童的同意则不能阻却违法。构成本罪也不要求有场所的转移。本罪是典型的目的犯,构成犯罪既遂时,并不要求实现特定目的。本罪是继续犯,在犯罪行为的继续中,有成立共犯的余地。从犯罪本质上讲,绑架罪、拐骗儿童罪与本罪的罪质都是一样的,三者构成了对人身自由和本来的生活场所安全法益的完整的保护体系。

On the Crime of Abduction and Sale of Women and Infants

Abduction and sale of women and infants is a serious crime against the society. What the law purports to retain is the personal freedom and the peace of living quarters of the abducted women and infants. An abducted woman' s consent can eliminate the illegality of the actor' s conduct, but an infant' s consent cannot. Whether a victim is moved from the criminal spot is not an indispensable requisite for the crime. Being a crime of a special intent, its constitution can be held without accomplishment of the very intent. Since the crime may last a period of time, an accomplice can join while the crime is under way. Kidnapping and abduction of infants are of the same nature as this crime. As to the three offences, we must constitute a system to retain the personal freedom and the peace of original living quarters of women and infants.