Decision Regarding the Severe Punishment of Criminals Who Abduct and Traffic in or Kidnap Women or Children (Chinese and English Text)
Major Law
Additional Laws and Regulations
Short Summary
The following translation was retrieved from the Ningde Municipal Investment Promotion Center Web site on June 3, 2008. The Chinese text was retrieved from the Xinhua Web site on September 18,2008.
DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS REGARDING THE SEVERE PUNISHMENT OF CRIMINALS WHO ABDUCT AND TRAFFIC IN OR KIDNAP WOMEN OR CHILDREN (Effective Date：1991.09.04--Ineffective Date：) With a view to severely punishing criminals who abduct and traffic in or kidnap women or children so as to protect the personal safety of women and children and maintain the public security order, the relevant provisions of the Criminal Law are supplemented or amended as follows: 1. Whoever abducts and traffics in a woman or a child shall be sentenced to fixed-term imprisonment of not less than five years and not more than ten years, and shall concurrently be punished with a fine of not more than 10,000 yuan; if under any of the following circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, with the concurrent punishment of a fine of not more than 10,000 yuan or confiscation of property; if the circumstances are especially serious, the offender shall be sentenced to death with the concurrent punishment of confiscation of property: (1) Being a ringleader of a gang engaged in the abduction of and trafficking in women or children; (2) Abducting and trafficking in three or more women and/or children; (3) Raping the woman who is abducted and trafficked in; (4) Enticing or forcing the woman who is abducted and trafficked in to engage in prostitution, or selling such woman to any other person or persons who will force the woman to engage in prostitution; (5) Causing serious bodily injury or death or other severe consequences of the woman or child who is abducted and trafficked in or of their relatives; (6) Selling a woman or a child out of the territory of China. Abducting and trafficking in a woman or a child mean any act of abducting, buying, trafficking in, fetching or sending, or transferring a woman or a child, for the purpose of selling the victim. 2. Whoever kidnaps a woman or a child by means of violence, intimidation or anaesthesia for the purpose of selling the victim shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall concurrently be sentenced to a fine of not more than 10,000 yuan or confiscation of property; and if the circumstances are especially serious, the offender shall be sentenced to death with the concurrent punishment of confiscation of property. Whoever steals a baby or an infant for the purpose of selling the victim or extorting money or property shall be punished in accordance with the provisions in the first paragraph of this Article. Whoever kidnaps any other person or persons for the purpose of extorting money or property shall be punished in accordance with the provisions in the first paragraph of this Article. 3. It shall be strictly prohibited for anyone to buy a woman or a child who is abducted and trafficked in or kidnapped. Whoever buys a woman or a child who is abducted and trafficked in or kidnapped shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. Whoever buys a woman who is abducted and trafficked in or kidnapped and has sexual relations with her against her will shall be punished in accordance with the provisions on the crime of rape in the Criminal Law. Whoever buys a woman or a child who is abducted and trafficked in or kidnapped, and illegally deprives the victim of his or her personal freedom or restricts his or her personal freedom, or commits any criminal act such as hurting, insulting or maltreating the victim, shall be punished in accordance with the relevant provisions in the Criminal Law. Whoever buys a woman or a child who is abducted and trafficked in or kidnapped, and commits any criminal act as specified in the second or third paragraph of this Article shall be punished in accordance with the provisions on combined punishment for several crimes in the Criminal Law. Whoever buys a woman or a child who is abducted and trafficked in or kidnapped and sells the victim afterwards shall be punished in accordance with the provisions in Article 1 of this Decision. Whoever, having bought a woman or a child who is abducted and trafficked in or kidnapped, does not obstruct the woman from returning to her original place of residence according to her will, or does not maltreat the child nor obstruct his or her rescue, shall be exempted from being investigated for criminal responsibility. 4. No individual or organization may obstruct the rescue of a woman or a child abducted and trafficked in or kidnapped, nor may any individual or organization extort the costs he or she or it has paid for buying such woman or child and the living expenses thereof from the woman or child who is abducted and trafficked in or kidnapped, or his or her family members, or his or her rescuers. In case such costs and expenses have been extorted, they shall be recovered. Whoever obstructs with violence or intimidation State functionaries from rescuing a woman or a child who has been bought shall be punished in accordance with the provisions in Article 157 of the Criminal Law; whoever obstructs, by providing assistance in transferring or hiding the victim or by other means, State functionaries from rescuing a woman or a child who has been bought, but without using violence or intimidation, shall be punished in accordance with the provisions in the Regulations on Administrative Penalties for Public Security. Major culprits who gather crowds to prevent State functionaries from rescuing a woman or a child who has been bought shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; other participants in the offence shall be punished in accordance with the provisions in the second paragraph of this Article. 5. The people's governments at various levels shall have the functions and responsibilities to rescue a woman or a child who is abducted and trafficked in or kidnapped. The rescue work shall be carried out by the public security organs in conjunction with the departments concerned. Any State functionary charged with functions and responsibilities to rescue who fails to make any rescue effort on receiving a request for rescue by a woman or a child who is abducted and trafficked in or kidnapped or by his or her family members or on receiving a report thereon made by any other person and therefore results in serious consequences, shall be punished in accordance with the provisions in Article 187 of the Criminal Law; if the circumstances are relatively minor, such State functionary shall be subjected to administrative sanctions. Any State functionary charged with functions and responsibilities to rescue who, by taking advantage of his or her office, hinders the rescue, shall be sentenced to fixed-term imprisonment of not less than two years and not more than seven years; if the circumstances are relatively minor, such State functionary shall be sentenced to fixed- term imprisonment of not more than two years or criminal detention. 6. The illegal incomes gained from abducting and trafficking in or kidnapping a woman or a child shall be confiscated. All the incomes from fines and confiscations shall be turned over to the State Treasury. 7. This Decision shall enter into force as of the date of promulgation.
DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS REGARDING THE SEVERE PUNISHMENT OF CRIMINALS WHO ABDUCT AND TRAFFIC IN OR KIDNAP WOMEN OR CHILDREN (Effective Date：1991.09.04--Ineffective Date：) With a view to severely punishing criminals who abduct and traffic in or kidnap women or children so as to protect the personal safety of women and children and maintain the public security order, the relevant provisions of the Criminal Law are supplemented or amended as follows: 1. Whoever abducts and traffics in a woman or a child shall be sentenced to fixed-term imprisonment of not less than five years and not more than ten years, and shall concurrently be punished with a fine of not more than 10,000 yuan; if under any of the following circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, with the concurrent punishment of a fine of not more than 10,000 yuan or confiscation of property; if the circumstances are especially serious, the offender shall be sentenced to death with the concurrent punishment of confiscation of property: (1) Being a ringleader of a gang engaged in the abduction of and trafficking in women or children; (2) Abducting and trafficking in three or more women and/or children; (3) Raping the woman who is abducted and trafficked in; (4) Enticing or forcing the woman who is abducted and trafficked in to engage in prostitution, or selling such woman to any other person or persons who will force the woman to engage in prostitution; (5) Causing serious bodily injury or death or other severe consequences of the woman or child who is abducted and trafficked in or of their relatives; (6) Selling a woman or a child out of the territory of China. Abducting and trafficking in a woman or a child mean any act of abducting, buying, trafficking in, fetching or sending, or transferring a woman or a child, for the purpose of selling the victim. 2. Whoever kidnaps a woman or a child by means of violence, intimidation or anaesthesia for the purpose of selling the victim shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall concurrently be sentenced to a fine of not more than 10,000 yuan or confiscation of property; and if the circumstances are especially serious, the offender shall be sentenced to death with the concurrent punishment of confiscation of property. Whoever steals a baby or an infant for the purpose of selling the victim or extorting money or property shall be punished in accordance with the provisions in the first paragraph of this Article. Whoever kidnaps any other person or persons for the purpose of extorting money or property shall be punished in accordance with the provisions in the first paragraph of this Article. 3. It shall be strictly prohibited for anyone to buy a woman or a child who is abducted and trafficked in or kidnapped. Whoever buys a woman or a child who is abducted and trafficked in or kidnapped shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. Whoever buys a woman who is abducted and trafficked in or kidnapped and has sexual relations with her against her will shall be punished in accordance with the provisions on the crime of rape in the Criminal Law. Whoever buys a woman or a child who is abducted and trafficked in or kidnapped, and illegally deprives the victim of his or her personal freedom or restricts his or her personal freedom, or commits any criminal act such as hurting, insulting or maltreating the victim, shall be punished in accordance with the relevant provisions in the Criminal Law. Whoever buys a woman or a child who is abducted and trafficked in or kidnapped, and commits any criminal act as specified in the second or third paragraph of this Article shall be punished in accordance with the provisions on combined punishment for several crimes in the Criminal Law. Whoever buys a woman or a child who is abducted and trafficked in or kidnapped and sells the victim afterwards shall be punished in accordance with the provisions in Article 1 of this Decision. Whoever, having bought a woman or a child who is abducted and trafficked in or kidnapped, does not obstruct the woman from returning to her original place of residence according to her will, or does not maltreat the child nor obstruct his or her rescue, shall be exempted from being investigated for criminal responsibility. 4. No individual or organization may obstruct the rescue of a woman or a child abducted and trafficked in or kidnapped, nor may any individual or organization extort the costs he or she or it has paid for buying such woman or child and the living expenses thereof from the woman or child who is abducted and trafficked in or kidnapped, or his or her family members, or his or her rescuers. In case such costs and expenses have been extorted, they shall be recovered. Whoever obstructs with violence or intimidation State functionaries from rescuing a woman or a child who has been bought shall be punished in accordance with the provisions in Article 157 of the Criminal Law; whoever obstructs, by providing assistance in transferring or hiding the victim or by other means, State functionaries from rescuing a woman or a child who has been bought, but without using violence or intimidation, shall be punished in accordance with the provisions in the Regulations on Administrative Penalties for Public Security. Major culprits who gather crowds to prevent State functionaries from rescuing a woman or a child who has been bought shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; other participants in the offence shall be punished in accordance with the provisions in the second paragraph of this Article. 5. The people's governments at various levels shall have the functions and responsibilities to rescue a woman or a child who is abducted and trafficked in or kidnapped. The rescue work shall be carried out by the public security organs in conjunction with the departments concerned. Any State functionary charged with functions and responsibilities to rescue who fails to make any rescue effort on receiving a request for rescue by a woman or a child who is abducted and trafficked in or kidnapped or by his or her family members or on receiving a report thereon made by any other person and therefore results in serious consequences, shall be punished in accordance with the provisions in Article 187 of the Criminal Law; if the circumstances are relatively minor, such State functionary shall be subjected to administrative sanctions. Any State functionary charged with functions and responsibilities to rescue who, by taking advantage of his or her office, hinders the rescue, shall be sentenced to fixed-term imprisonment of not less than two years and not more than seven years; if the circumstances are relatively minor, such State functionary shall be sentenced to fixed- term imprisonment of not more than two years or criminal detention. 6. The illegal incomes gained from abducting and trafficking in or kidnapping a woman or a child shall be confiscated. All the incomes from fines and confiscations shall be turned over to the State Treasury. 7. This Decision shall enter into force as of the date of promulgation.
Title (Chinese)
全国人民代表大会常务委员会关于严惩拐卖、绑架妇女、儿童的犯罪分子的决定
Body (Chinese)
【标 题】 全国人民代表大会常务委员会关于严惩拐卖、绑架妇女、儿童的犯罪分子的决定【发布时间】 1991-9-4【颁布日期】 1991-9-4【发布部门】 全国人大常委会【有 效 性】 已修正 １９９１年９月４日第七届全国人民代表大会常务委员会第二十一次会议通过 为了严惩拐卖、绑架妇女、儿童的犯罪分子，保护妇女、儿童的人身安全，维护社会治安秩序，对刑法有关规定作如下补充修改： 一、拐卖妇女、儿童的，处五年以上十年以下有期徒刑，并处一万元以下罚金；有下列情形之一的，处十年以上有期徒刑或者无期徒刑，并处一万元以下罚金或者没收财产；情节特别严重的，处死刑，并处没收财产： （一）拐卖妇女、儿童集团的首要分子； （二）拐卖妇女、儿童三人以上的； （三）奸淫被拐卖的妇女的； （四）诱骗、强迫被拐卖的妇女卖淫或者将被拐卖的妇女卖给他人迫使其卖淫的； （五）造成被拐卖的妇女、儿童或者其亲属重伤、死亡或者其他严重后果的 （六）将妇女、儿童卖往境外的。 拐卖妇女、儿童是指以出卖为目的，有拐骗、收买、贩卖、接送、中转妇女、儿童的行为之一的。 二、以出卖为目的，使用暴力、胁迫或者麻醉方法绑架妇女、儿童的，处十年以上有期徒刑或者无期徒刑，并处一万元以下罚金或者没收财产；情节特别严重的，处死刑，并处没收财产。 以出卖或者勒索财物为目的，偷盗婴幼儿的，依照本条第一款的规定处罚。 以勒索财物为目的绑架他人的，依照本条第一款的规定处罚。 三、严禁收买被拐卖、绑架的妇女、儿童。收买被拐卖、绑架的妇女、儿童的，处三年以下有期徒刑、拘役或者管制。 收买被拐卖、绑架的妇女，强行与其发生性关系的，依照刑法关于强奸罪的规定处罚。 收买被拐卖、绑架的妇女、儿童，非法剥夺、限制其人身自由或者有伤害、侮辱、虐待等犯罪行为的，依照刑法的有关规定处罚。 收买被拐卖、绑架的妇女、儿童，并有本条第二款、第三款规定的犯罪行为的，依照刑法关于数罪并罚的规定处罚。 收买被拐卖、绑架的妇女、儿童又出卖的，依照本决定第一条的规定处罚。 收买被拐卖、绑架的妇女、儿童，按照被买妇女的意愿，不阻碍其返回原居住地的，对被买儿童没有虐待行为，不阻碍对其进行解救的，可以不追究刑事责任。 四、任何个人或者组织不得阻碍对被拐卖、绑架的妇女、儿童的解救，并不得向被拐卖、绑架的妇女、儿童及其家属或者解救人索要收买妇女、儿童的费用和生活费用；对已经索取的收买妇女、儿童的费用和生活费用，予以追回。 以暴力、威胁方法阻碍国家工作人员解救被收买的妇女、儿童的，依照刑法第一百五十七条的规定处罚；协助转移、隐藏或者以其他方法阻碍国家工作人员解救被收买的妇女、儿童，未使用暴力、威胁方法的，依照治安管理处罚条例的规定处罚。 聚众阻碍国家工作人员解救被收买的妇女、儿童的首要分子，处五年以下有期徒刑或者拘役；其他参与者，依照本条第二款的规定处罚。 五、各级人民政府对被拐卖、绑架的妇女、儿童负有解救职责，解救工作由公安机关会同有关部门负责执行。负有解救职责的国家工作人员接到被拐卖、绑架的妇女、儿童及其家属的解救要求或者接到其他人的举报，而对被拐卖、绑架的妇女、儿童不进行解救，造成严重后果的，依照刑法第一百八十七条的规定处罚；情节较轻的，予以行政处分。 负有解救职责的国家工作人员利用职务阻碍解救的，处二年以上七年以下有期徒刑；情节较轻的，处二年以下有期徒刑或者拘役。 六、拐卖、绑架妇女、儿童的非法所得予以没收。 罚没收入一律上缴国库。 七、本决定自公布之日起施行。 https://news.xinhuanet.com/ziliao/2003-09/08/content_1068884.htm