Application of Law in the Trial of Cases regarding Crimes of Trafficking in Women and Children

 2018-08-11  6


  • Document NumberInterpretation No. 28 [2016] of the Supreme People's Court
  • Area of LawCivil Law Criminal Law
  • Level of AuthorityJudicial Interpretation
  • Date issued12-21-2016
  • Effective Date01-01-2017
  • Issuing AuthoritySupreme People's Court
  • StatusEffective

Announcement of the Supreme People's Court
The Interpretation of the Supreme People's Court on Several Issues concerning the Application of Law in the Trial of Cases regarding Crimes of Trafficking in Women and Children, as adopted at the 1,699th Session of the Judicial Committee of the Supreme People's Court on November 14, 2016, is hereby issued, and shall come into force on January 1, 2017.
Supreme People's Court
December 21, 2016
Interpretation of the Supreme People's Court on Several Issues concerning the Application of Law in the Trial of Cases regarding Crimes of Trafficking in Women and Children
(Interpretation No. 28 [2016] of the Supreme People's Court, adopted at the 1,699th Session of the Judicial Committee of the Supreme People's Court on November 14, 2016 and to come into force on January 1, 2017)
In order to punish crimes of trafficking in women and children according to the law, effectively safeguard the lawful rights and interests of women and children, and maintain family harmony and social stability, in accordance with the relevant provisions of the Criminal Law of the People's Republic of China (hereinafter referred to as the “Criminal Law”) and in light of the judicial practice, several issues concerning the specific application of law in the trial of similar cases are hereby interpreted as follows:
Article 1 Whoever makes a newborn or infant leave the protection of the guardian or caregiver by means of cheating or lure shall be deemed as “stealing a newborn or infant” as prescribed in item (6) of paragraph 1 of Article 240 of the Criminal Law.
Article 2 Where any staff member of a medical institution, a social welfare organization, or other entity sells a child under diagnosis and treatment, nursing, or fostering for the purpose of seeking illegal profits, the staff member shall be punished for the crime of trafficking in children.
Article 3 Whoever sells a woman to others against the will of the woman in the name of introducing marriage, by means of illegally seizing her identity card and restricting her personal freedom, or by taking advantage of such circumstances where the woman is a complete stranger, she has language difficulties, and she is helpless shall be subject to criminal liability for the crime of trafficking in women.
Whoever colludes with the woman introduced to cheat money or property out of other persons in the name of introducing marriage and the amount is relatively large shall be subject to criminal liability for the crime of fraud.
Article 4 When functionaries of a state authority investigate child of unknown origin or rescue them, whoever hides or transfers the child bought or commits other act obstructing the rescue of the child and still refuses to offer cooperation upon persuasion and education shall fall under the circumstance of “obstructing the rescue of the child” as prescribed in paragraph 6 of Article 241 of the Criminal Law.
Article 5 Where the person buying an abducted woman and the abducted woman have formed a stable marriage tie and when being rescued, the abducted woman is willing to continue the local living with the person, it may be deemed as “not obstructing the abducted woman's return to the place where she comes from in her own will.”
Article 6 Whoever organizes and forces an abducted woman or child to engage in prostitution, or organizes them to beg and commit activities of violating public security administration and other activities constituting crimes after buying the abducted woman or child shall be punished according to the provisions on the joinder of penalties for plural crimes.
Article 7 Whoever buys an abducted woman or child and obstructs functionaries of a state authority from rescuing the abducted woman or child by violence or threats, or gathers a crowd to obstruct functionaries of a state authority from rescuing the abducted woman or child, which constitutes the crime of impairing public administration or the crime of gathering a crowd to obstruct the rescue of an abducted woman or child shall be punished according to the provisions on the joinder of penalties for plural crimes.
Article 8 Where a person buys an abducted woman for the purpose of marriage or buys an abducted child fro the purpose of fostering and multiple family members or relatives and friends are involved, the person playing the leading role shall be subject to criminal liability according to the law.
Article 9 The term “children” as mentioned in Articles 240 and 241 of the Criminal Law refers to those under 14 years of age. In particular, those under one year of age are newborns and those over one year of age but under six years of age are infants.
Article 10 This Interpretation shall come into force on January 1, 2017.