Taking History as a Mirror: The legal regulation of the crime of abducting and selling women in traditional China

2022-07-13 0 By

The protection of the rights and interests of women and children has always been an important part of China’s social governance.The film “Blind Mountain” tells the story of a female college student who was abducted to a mountain area and tried to escape several times. After years of trying to send a message to her family for help, her father and the police were blocked by local villagers in the process of coming to rescue her, and finally killed her “husband” to save her father.As director Li Yang said in an interview with the media, the real story of the abduction of women is far more tragic than the film.The protection of women’s rights and interests, especially the social problem of abducting and trafficking women, has been clearly stipulated in laws and regulations of successive dynasties.Traditional Chinese laws and regulations on this kind of behavior may provide a mirror for effective treatment of the current problem of trafficking in women.According to the existing historical documents, the earliest legal regulations on the crime of abducting and selling women can be traced back to the Qin and Han Dynasties.The legal norms of abducting and selling women during this period were characterized by severe punishment.In recent years, newly unearthed wuyi Square in Changsha, Hunan Province, eastern Han dynasty slips once recorded the behavior of abducting and selling women as wives, “case: night, dou, gong gong altogether 撡 (cao) bing 掔 Dunni.Ennio thought his wife…”That night there is abduction of ni as a wife of the behavior fact.In the law of han has “strong slightly people think wife” legal provisions, specifically in the “two years of law · miscellaneous law” provisions: “strong slightly people think wife and help, cut left stop (toe) that the city Dan.”In other words, the forcible omission of others as his wife, the principal perpetrator and accomplice of this act, judicial attitude is not the first, shall be punished with the left toe to consider the city Dan criminal punishment.At the same time, “two years of law · collect law” also on the abducted women’s legal protection of the provisions: “the sinner finished the city Dan, ghost salary above, and sit the rape house (corruption), all receive their wife, son, wealth, house……Sit rape, cheat his wife and hurt his wife to accept, do not accept his wife.”Under normal circumstances, a criminal’s wife, children, property and house will be confiscated when he or she is sentenced to death or more than a ghost, or is sentenced to corruption for adultery.However, the wife who is abducted does not belong to the category of receiving.Explore the reason for the legislation, perhaps because trafficked wives are the direct victims of the crime.Therefore, trafficked wives are not subject to criminal penalties.There are also records of legal norms for the protection of trafficked women.”Shiji · The Family of Prime Minister Chen” recorded that “(Emperor Wen of han) died in 23 years, his son He Dai Hou.Twenty-three years, he sat slightly wife, abandoned the city “.According to the reform of wenjing’s punishment system, in the early Western Han Dynasty, the punishment for abducting and selling women was changed from beheading the left heel to 500 whipping, which would not lead to death.However, from the penalty case of “he sat on his wife, abandoned the city”, he’s behavior is not “strong people think his wife”, it is executed according to the people, the object is also the wife of others.It can be seen that when abducting and selling takes place, whether or not the abducting and selling women will be remarried, they will be sentenced to death.To sum up, the qin and Han dynasties dealt with the crime of abducting and selling women severely.Due to the limitations of legislative technology at that time, the laws of Qin and Han dynasties on the crime of abducting and selling women are relatively sparse, little difference, severe punishment.The legal regulations on abducting and selling women in the Tang and Song dynasties were detailed and categorized according to the standards of different modes of behavior, primary subjects of crime and objects of behavior.”The Law of the Tang Dynasty: Thieves and thieves” “neglect to sell people” provision: “all neglect to sell people, not as a neglect, under the age of ten, although with, also with the strategy.For slaves, wring;For part of the song, flow three thousand li;Wives and concubines for three years.”As for the act of abducting and selling a woman as another’s wife, the Law of the Tang Dynasty clearly stipulates a criminal punishment of three years.Moreover, the Tang Dynasty has begun to pay attention to the judicial attitude of regulating the buyer’s market of abducting and selling women.In terms of specific legal provisions, “The Law of Tang · Thieves” also provides that “all knowledge and luring, and with the same selling and luring, and luring the music, slaves and buy, the crime of the seller is reduced.”If the buyer knows that the other person is an abducted woman, in the state of knowing to buy, the same crime will be punished, but the seller’s crime is lower.It can be seen that the Tang Dynasty had gradually cracked down on the buyer’s market and prohibited both the buyer and the seller from trafficking in women.At the same time, it should be noted that the tang dynasty rulers’ social governance of the bad habit of buying and selling women mainly relied on the combination of legal punishment and social education, which is also a practical reflection of the actual situation of trafficking in women in real life.Abduction and trafficking of women was rampant in the Song Dynasty.The frequent occurrence of this kind of behavior is the product of the unique thick marriage under the background of the development of commodity economy in song Dynasty.The resulting social problems include not only the common phenomenon of female infanticide, but also the phenomenon of abducting and selling women to obtain high marriage wealth.Su Shi’s understanding of the social phenomenon at that time was recorded in the Song Dynasty’s Collection of Manuscripts: “Most folk girls have widowers because they are taboo to adopt daughters.”With female infanticide occurring so often, many men are unable to find wives, resulting in a large number of widowers.But in traditional Chinese society, taking a wife and having children is a matter of carrying on the family line.Therefore, it is recorded in The Song Dynasty hueji Draft that “among villages, there were no wives to marry and they were bought from other states.”In other words, when there are no suitable women in the local market, they can only choose to buy women in other states, thus generating demand for the buyer’s market.As a result, professional human traffickers emerged in the Song Dynasty – “Shengkou Ya people”, that is, specialized in abducting children, abducting women.In song Dynasty, the legal regulation of this kind of behavior of abducting and selling women was considered the most serious.The legal provisions on abducting and selling women are the same as those in tang Dynasty, which distinguish between abducting and luring.The Song Dynasty also paid attention to the actual situation of regulating the buyer’s demand market for the women who were abducted.However, the song Dynasty not only followed the legal track of the Tang Dynasty, but also emphasized the social governance of good governance with equal emphasis on punishment and education and the prevention of abductions and trafficking.Specifically, first, the abducted women rescued by the government should be returned to their parents so that their families can be reunited.The Rulers of the Song Dynasty had repeatedly asked the local government to “check and identify the population (to be sold), and then ask the local government to send it to the prefecture, pay the family.Still make one by one powder wall xiaoshi “.Not only to achieve the punishment effect of the law, but also to abduct women have been properly settled, to achieve good social effects.Second, the Song Dynasty posted notices everywhere, so that people know that abducting and selling women is illegal, to persuade crime prevention effect.During the Reign of Emperor Taizong of the Song Dynasty, in view of the situation that human traffickers abducted women in the northern border and smuggled them into the vassal realm, the government ordered to “show warnings on the pink walls one by one” along the border.Southern Song Dynasty xiao Zong period, also once ordered the superintendent “all over the dish of prefecments and counties, set up the powder wall, so that the people notice”.This practice is a concrete manifestation of the bad social habits of abducting and trafficking women through legal education to the public, and an inevitable move to realize local social governance, maintain local order and good customs.Slowing down and aggravating: The laws governing the behavior of abducting and selling women in the Yuan, Ming and Qing dynasties regulated the social phenomenon of abducting and selling women by issuing official decrees.Criminal Law iii of the History of The Yuan Dynasty recorded in detail the legal provisions of the act of abducting and selling women: “The lovers who were briefly sold were slaves and maidservants.Two or more shall be put to death;One hundred and seven wives and concubines for three years.”The legal norms of the Yuan dynasty basically inherited the legislative spirit of the Tang and Song dynasties, and only added the unique judicial characteristics of the Yuan dynasty “rod one hundred and seven” punishment in the sentencing aspect.In the Law of Ming Dynasty, the Criminal Law and thieves, the article of “skimming and skimming” stipulated the various situations of skimming and skimming women: “All those who devised strategies to lure lovers and skimming and skimming lovers into maidservants and maidservants had one hundred sticks and three thousand li of water.One hundred sticks for three years for his wife, concubines, children and grandchildren.”This kind of legislation mode follows the provisions of the law of the former dynasty on this kind of behavior, adding “rod one hundred” punishment in the aspect of sentencing.The legal provisions on the crime of abducting and selling women in qing Dynasty were very complete and detailed.”Qing Decrees · Criminal law · thieves” “sell people slightly” also has the same provision.It is worth mentioning that nine articles of regulations were added after the law of “neglecting others and neglecting others” in The Decrees of the Qing Dynasty, which are the supplements for the parts that are not involved in this law or the provisions are vague and not clear.In qing Dynasty, Xu Ke had a special discussion on the behavior of abducting and selling women in his book Qingbari Banknotes.It is mentioned in the section “Abducting women and Children” : “People are abducted and trafficked in all prosperous places, but Shanghai has many…The victims, especially women and children, are naive in their knowledge.The method of its application, power and trickery sometimes line, but also stick cheater and become a person……Abducted women and children are first hidden in secret rooms and then sold to water dealers for export.Most of the women were sent to the three eastern provinces, and most of the children were sent to Guangdong and Fujian provinces.”Moreover, Xu Ke also mentioned that in qing Dynasty, there were people who abducted and sold women in local society, and many of them were involved in the fraud of kidnapping and selling women.Through the description of the phenomenon of local abduction and trafficking of women, it is observed that the legal provisions are difficult to cover the complex practice of local abduction and trafficking of women.In judicial practice, “launched a transfer at the tabled launched a remit as:” even more crimes meriting remit at the new crimes meriting remit at qing dynasty official judicial cases such as concentration of empirical analysis, human trafficking case and ke xu mentioned victims of judgment, is to women trafficked women become the object of crime of human trafficking crime happen frequently.In contemporary Chinese society, the crime of abducting and selling women and children and the crime of buying abducted women and children have different provisions in different periods.In 1979, the Criminal Law of the People’s Republic of China defined the crime of trafficking in persons and clearly stipulated: “Whoever abducts and sells persons shall be sentenced to fixed-term imprisonment of not more than five years;If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years.”In 1997, the Criminal Law of the People’s Republic of China was substantially amended in terms of crime and punishment, and stipulates: “Whoever abducts and traffkes in a woman or child shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined;Whoever falls under any of the following circumstances shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined or be sentenced to confiscation of property;If the circumstances are especially serious, he shall be sentenced to death and also to confiscation of property.”In the Amendment ix to the Criminal Law of the People’s Republic of China in 2015, Paragraph 6 of Article 241 of the Criminal Law of the People’s Republic of China was amended to read: “A person who buys an abducted woman or child, does not maltreat the child, and does not obstruct the rescue of the child, may be given a lighter punishment;If the woman is not prevented from returning to her original place of residence according to her will, she may be given a lighter or mitigated punishment.”The revision strengthened the punishment for buyers, which is conducive to addressing the source and curbing the occurrence of the crime of abducting and selling women.At the two sessions of the National People’s Congress in 2019, deputies to the National People’s Congress put forward a proposal on increasing sentencing Standards for crimes of abducting and trafficking women and children, suggesting that the starting point for the crime of abducting and trafficking women and children should be adjusted from “fixed-term imprisonment of not less than five years but not more than 10 years” to “death penalty of not less than 10 years”, and that the sentencing for crimes of abducting and trafficking women and children should be heavier than kidnapping.Looking at the changes of the criminal law in terms of the conviction and sentencing of abducting and selling women, it can be observed that the starting point of the penalty for this kind of criminal behavior is increasing year by year, becoming more severe, and increasing the blow of criminal punishment on the buyer’s market caused by abducting and selling women, and trying to curb the occurrence of abducting and selling women.In judicial practice, the Supreme People’s Court issued several typical cases of punishing the crime of abducting and selling women and children, and the Ministry of Public Security issued typical cases of the national Special action against abducting and selling women. These cases were interpreted to clarify the state’s high emphasis on and severe punishment of the crime.Based on the legal regulation of abducting and selling women in different historical stages of Chinese society, the countermeasures of the state to this kind of criminal behavior mainly include increasing the severity of criminal punishment and strengthening the punishment of the buyer’s market for abducting and selling women.However, the limitations of the law itself require contemporary China to continuously strengthen law popularization and carry out legal education in dealing with the issue of trafficking in women, and truly realize the governance mode of “virtue and punishment combined” in contemporary society. This is a problem that China, as a developing country, must and must face.The degree of protection for women and children is an important indicator of the degree of civilization of a society.The protection of women’s personal rights and personality rights should be the bottom line protection.Only by rational and objective sublation of the previous legal norms and judicial rules and judicial experience contained in the relevant judicial decisions can we truly realize the goal of protecting women’s rights and interests in practice.Source: People’s Court Daily