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2023-08-07

On February 27, 2015, the Supreme Court issued a typical case of punishing the crime of trafficking in women and children

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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