Normative Reconstruction and Judicial Choice of the Offence of Buying Abducted and Trafficked Women:An Analysis Based on the Perspective of Sociology of Law
The sociology of law's examination of the extra-legal factors involved in the offence of buying and selling trafficked women has provided a powerful complement to the intra-legal critical perspective of legal doctrine.Based on the analyses from the perspectives of policy change,legal economics and local knowledge,the logic of the governance of the crime of buying and selling of human beings,based on the value of safeguarding the landlord's economy during the feudal era,the logic of the governance of the crime of buying and selling of human beings,and the value of human rights,has shifted from being unable to comply with the law to having the law to comply with the law,and has changed from punishing the abductors and sellers in a one-way direction to hitting the sellers and buyers in a two-way direction,and from hitting the buyers lightly to hitting the buyers heavily.The expected performance of penalties for the crime of buying women as a premeditated crime is disproportionate to the damage caused.The differentiation of penalties for the two parties involved in abduction,trafficking and buying is incompatible with the law of supply and demand,which is based on the interdependence of supply and demand.The positive incentive provided by alienated customs and habits for the crime of buying women is negatively weakened by the rural order and the logic of the grass-roots State organs'work in the management of crimes involving the purchase of women.At the legislative level,the fixed penalty for basic offences should be increased.Fines should be added.The model of concurrent penalties should be changed to the model of imaginative competition,and leniency clauses should be deleted,in order to comply with the logic of policy and the laws of the economy.At the judicial level,the criminal policy of leniency and severity should be implemented,in order to reconcile local knowledge with the universal rule of law,and to promote the two-way approach of treating both the symptoms and the root causes of crimes of the purchase of women who have been abducted or trafficked.
offence of buying trafficked womenpolicy changeeconomics of lawlocal knowledge
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NSTL
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