Experts Urge End to Market for Trafficked Women, Kids
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The footage shows the woman, a mother of eight, wearing light clothing with an iron chain placed around her neck, confining her to a dilapidated hut in Xuzhou, a city in East China's Jiangsu province.
The video, first posted online at the end of last month, quickly went viral on Chinese social media, with infuriated members of the public demanding help for the woman and an investigation into the case.
On Feb 10 2022, an investigation team formed in Xuzhou released a statement on Sina Weibo, a Twitter-like platform, saying the woman's husband had been detained for alleged illegal detention, and two other suspects had been detained for alleged human trafficking.
The post had attracted more than 150,000 comments, with many netizens expressing deep concern about the trafficking of women and arguing that the penalty for buying trafficked women should be closer to that for trafficking them.
The Criminal Law says people who abduct or traffic women or children face a prison sentence ranging from five to 10 years, as well as fines.
It defines eight situations as "serious" and warranting possible life imprisonment, including abducting or trafficking three or more people, and raping those who are trafficked.
It says that in "extremely serious" cases, those who abduct or traffic women can be given the death sentence.
But the maximum prison term for people who buy abducted or trafficked women is only three years.
The discrepancy in the severity of punishment has prompted many people to urge tougher penalties for those who buy trafficked women.
Tian Wenchang, head of the criminal division at the All China Lawyers Association, told Jiemian, a news portal, that the root cause of human trafficking is that a market exists, saying "it will be difficult to solve the problem if we only harshly punish traffickers".
He said the buying of women infringed their basic personal rights, and he suggested that the legislation be amended.
Luo Xiang, a law professor at China University of Political Science and Law, said it is essential to raise the minimum penalty for buyers, "as the penalty they receive doesn't match the crime they commit, because the punishment is too lenient".
Gao Yandong, a public policy researcher from Zhejiang province, highlighted the importance of strong respect for and protection of personal rights in modern society and told Jiemian that punishments for those infringing on such rights should be intensified.
Wang Xixin, a law professor at Peking University, also supported heavier penalties for buyers, but said that lax enforcement of the law needs to be criticized or punished, along with those who help cover up the buying of women.
"For example, some officials responsible for household or marriage registration might have poor performance or be bribed to help deal with affairs related to trafficked women," he said in an interview with Southern Metropolis Daily, a newspaper based in Guangdong province, adding that some of them might not even realize such behaviors constitute a crime or merit punishment.
"Their lack of awareness is partly because they've found the law doesn't severely punish buyers," Wang said.
"The cover-up, on the other side, contributes to the buyer's market."
Heavier penalties for buyers will also be a deterrent to people who help cover up such crimes, he said.
China has been stepping up efforts to combat human trafficking and protect women's rights, with such crimes falling sharply.
Data from the country's top court shows that from 2015 to 2018, courts around the country concluded 2,806 cases dealing with the abduction and trafficking of women and children, down from 8,599 between 2008 and 2012.
Wang said the crime of abducting, selling and buying women and children is essentially slaving, "and it's the most serious violation of human rights, dignity and freedom, which are fully protected by China's fundamental law"-the country's Constitution.
Che Hao, another law professor at Peking University, agreed that human trafficking needed to be fought unswervingly, but disagreed with calls for buyers to face longer prison sentences.
He said that buying often leads to other crimes, such as the rape or abuse of the women, for which buyers already face heavy penalties under the Criminal Law, including capital punishment in extreme cases.