China Women's Daily: it is suggested that the country carry out an inventory of cases of trafficking in women

2022-02-23

Trafficking in women is a global problem that violates basic human rights. The outline for the development of Chinese women (2021-2030) and the China action plan against human trafficking (2021-2030) require the improvement of the long-term anti trafficking mechanism integrating prevention, crackdown, assistance, resettlement and rehabilitation. The author believes that to further prevent and crack down on the crime of abduction and trafficking in women, we need to implement the basic national policy of equality between men and women, improve relevant laws and regulations, promote the long-term unremitting efforts and cooperation of various departments, make full use of modern science and technology to prevent abduction, attack and rescue abducted women, and create a safe social environment for women's survival and development. Trafficking in women is a crime against basic human rights. In any modern country ruled by law, people should not be the object of trade and slavery. The outline for the development of Chinese women (2021-2030) and China's action plan against human trafficking (2021-2030) require the improvement of a long-term anti trafficking mechanism integrating prevention, crackdown, assistance, resettlement and rehabilitation. The author believes that to further prevent and crack down on the crime of abduction and trafficking in women, we need to implement the basic national policy of equality between men and women, improve relevant laws and regulations, promote the long-term unremitting efforts and cooperation of various departments, make full use of modern science and technology to prevent abduction, crack down on abduction, rescue abducted women, and protect the legitimate rights and interests of abducted women. The crime of trafficking in women is a global problem that violates basic human rights The crime of trafficking in women enslaves, instrumentalizes and commercializes women, which is a modern slavery shrouded in civilization. The victim has been kidnapped, cheated, coerced, lured, manipulated, controlled, raped, detained, beaten, abused, forced prostitution, forced labor, forced childbirth, forced begging, organ removal, etc., and has suffered both mental and physical torture for a long time. According to the data released at the United Nations General Assembly on November 22, 2021, 70% of the victims of human trafficking in the world are women, of which 50% are sexually exploited; In the EU, nearly three quarters of victims of human trafficking are women, and 92% of victims for sexual exploitation are women; Online trafficking in human beings has increased to about 30 to 50 per cent of the total number of cases. According to the data of the international community, the global transactions related to human trafficking amount to 150 billion US dollars every year. COVID-19 may attack the state's ability to punish and protect, and increase the risk of victimization of vulnerable and marginalized groups. According to incomplete statistics, 2884 people were found in East Asia and other countries in 2020, which was 20% of the previous year; About 28500 people in Africa, 67% of the previous year; More than 11100 people in the Americas, 89.9% of the previous year; Europe rose slightly to 104.55% of the previous year to more than 18200 people; South Asia rose 155.76% to about 45100 people. The crime of trafficking in human beings is a worldwide problem, although many countries have formulated severe laws to crack down on it. For example, the United States Code punishes human trafficking with a maximum of 20 years' imprisonment, more than 20 years to life imprisonment for kidnapping, sexual assault, causing serious injury or death, and punishes both buyers and sellers, accomplices and those who hinder law enforcement with the same crime, In addition to the criminal law, many countries have also introduced special anti human trafficking laws, anti slavery laws and human trafficking victim protection laws. Even so, human trafficking is still banned repeatedly. It is imperative to implement the policies and regulations against trafficking in women Since 1979, China has successively issued policies and regulations to crack down on the crime of trafficking in women. According to China's current criminal law, whoever abducts and sells women shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years; The ringleaders of group crimes, abduction and trafficking of more than three persons, rape, forced prostitution, causing serious injury or death, selling abroad, kidnapping with violent coercion or anesthesia, resulting in serious injury or death, shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated of property; If the circumstances are especially serious, he shall be sentenced to death and confiscation of property; Whoever buys an abducted and trafficked woman shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. The briber shall be punished for several crimes together with rape, illegal detention, forced insult to women, intentional injury and other acts. However, if the briber does not hinder the abducted woman from returning to her original place of residence, the punishment may be lighter or mitigated. In September 2021, China announced the outline for the development of Chinese women (2021-2030) and the China action plan against human trafficking (2021-2030), which called for the crackdown on the crime of trafficking in women, reflecting the policy trend of protecting women's basic human rights and creating a safe environment for women. However, it should also be noted that cross regional cases of trafficking in women continue despite repeated prohibitions, and transnational trafficking and online trafficking are not uncommon. It is imperative to implement the anti trafficking requirements put forward in the outline for the development of Chinese women (2021-2030) and China's action plan against human trafficking (2021-2030). We should thoroughly implement the anti trafficking action plan, severely crack down on crimes and criminal gangs of trafficking in women, rectify the "buyer's market", timely rescue abducted women and help them integrate into society normally, crack down on transnational and cross regional crimes of trafficking in women, establish China's crackdown on crimes of trafficking in women, protect women's basic human rights and create a safe environment for women. Combating the crime of trafficking in women requires long-term and unremitting efforts The outline of China's women's development (2021-2030) and China's action plan against human trafficking (2021-2030) put forward higher requirements for strengthening prevention and crackdown, increasing investment and creating a safe social environment for women's survival and development. Therefore, the author tries to put forward the following suggestions. First, strictly implement the basic national policy of gender equality at all levels, from the central government to local governments, from cities to villages, so that gender equality can be deeply rooted in the hearts of the people, and publicize the legal provisions and policies to severely crack down on the crime of trafficking and buying women. Second, further improve the criminal legislation and implement the basic principles of criminal law that adapt to crime and punishment. At present, China implements the combined punishment for several crimes for the acts of rape, illegal detention and mutilation of the buyer, and applies the penalty of fixed-term imprisonment of more than 10 years to the rape and kidnapping of the abductor as an aggravating circumstance. The penalty stipulated by the criminal law for the buyer and the seller is still incompatible with the crime and punishment. For example, compared with the crime of kidnapping, kidnapping by means of violence, coercion, anesthesia and other methods is only the initial behavior of kidnapping and trafficking. The purpose of abducting and trafficking in women is not only to make profits, but also to gang up, commit crimes many times and flee from place to place. There are more criminal acts such as forced prostitution, forced childbirth, forced labor and rape. Its social harm is significantly heavier than kidnapping, but the punishment is not necessarily heavier. For another example, based on the misconception that the buyer is less responsible and less harmful to society than the seller, the sentencing of the buyer is significantly mild in practice. It should be noted that in some cases, it is precisely because the buyer has committed serious criminal acts such as rape, forced childbirth, forced labor, illegal detention, kidnapping, mutilation and so on for a long time after the purchase, resulting in the plight of the victim, Therefore, the buyer belongs to the main responsible party, and its social harm is not less than that of the seller. Third, make full use of modern scientific and technological means such as DNA, GPS and face recognition technology to strengthen law enforcement against abduction. Modern technology can accurately identify and locate personal identity, and suggestions can be fully applied to handling cases. For example, using face recognition and big data technology to check people and vehicles through Skynet project can play an important role in identifying victims and suspects. As long as the victim has been exposed to the monitoring system, use big data analysis and comparison of his face information to know the whereabouts and peer suspects. It is suggested that we can also share the "emergency release platform of children's missing information of the Ministry of public security", that is, the reunion system. We can also follow the principle of voluntariness to input the DNA of the close relatives of abducted women into the national DNA database, so as to increase the opportunity to find victims. However, face information and big data screening are very important to protect personal privacy. In order to avoid abuse, it is suggested to set up a unified registration, query, alarm and rescue command system for the grass-roots anti abduction work line at the level of the Ministry of public security. Fourth, it is suggested to carry out a special action to investigate cases of trafficking in women throughout the country, improve the rescue and resettlement mechanism for abducted women, crack down on the whole upstream and downstream criminal chain of trafficking in women, and promote the normalization of inventory action. Focusing on key industries and regions, and checking areas with serious gender imbalance and poor remote mountain areas will help to find clues to trafficked women and facilitate early prevention. Fifth, it is suggested to improve the corresponding evidence rules and strengthen the protection and discovery of abducted women. For example, encourage reporting and establish a system to reward informants and keep their identity confidential; For another example, the testimony of the rescued woman belongs to the victim's statement. It is suggested to learn from the one-stop inquiry and evidence collection practice of juvenile cases to avoid secondary injury caused by multiple evidence collection. Sixth, it is strictly prohibited to identify the sex of the fetus for non-medical needs, ensure the gradual balance of the gender ratio between men and women, and reduce the illegal demand for buying women as wives or as reproductive tools. In short, under the premise of the government's basic policy of preventing and rescuing trafficked women, it is necessary to strengthen the cooperation between the judicial departments to prevent and rescue trafficked women as soon as possible. (Xinhua News Agency)

Edit:Li Ling    Responsible editor:Chen Jie

Source:China Women's News

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