Human Trafficking Laws In China
Legal Framework: Human Trafficking in China
China criminalizes human trafficking primarily under Article 240 of the Criminal Law, which punishes the abduction and trafficking of women and children. Key points include:
Trafficking women or children: Punishable by 5–10 years’ imprisonment, or 10 years to life/death if circumstances are “especially serious.”
Aggravating factors include: trafficking multiple victims, causing serious injury or death, forced prostitution, cross-border trafficking, and being a ringleader.
Buying trafficked women or children is punishable under Article 241.
Complementary laws include the Law on the Protection of Women’s Rights and various public security directives for victim protection and reporting obligations.
Case Analyses
Case 1: Yu Huaying – Child Trafficker (Guizhou Province)
Facts: Yu Huaying abducted and trafficked at least 17 children across several provinces over a decade, selling them to families for adoption.
Legal Issues: Application of Article 240 for child trafficking; determining whether the crimes constitute “especially serious circumstances” for harsher punishment.
Court Decision: Yu was sentenced to death with confiscation of property due to the number of victims, long-term operation, and severe social harm.
Significance: This case illustrates that large-scale, long-term child trafficking is punishable by the most severe penalties under Chinese law.
Case 2: Xuzhou Chained Woman Incident (Jiangsu Province)
Facts: A woman was abducted and held in chains for years in Feng County, Jiangsu, forced into marriage and domestic servitude.
Legal Issues: Trafficking of women, illegal detention, abuse, and forced marriage.
Court Decision: Six defendants were convicted: the main abductor received 9 years’ imprisonment for abuse and illegal detention; five others were convicted of trafficking, receiving up to 13 years.
Significance: The case highlighted rural trafficking of women into forced marriage, showing the challenges in enforcing trafficking laws in domestic settings.
Case 3: Liaocheng Child Trafficking Case (Shandong Province, 2024)
Facts: Hu Fuji and Tang Lixia abducted children, including a 2-year-old, and trafficked them to other families.
Legal Issues: Applicability of Article 240 to child trafficking, severity of punishment, and long-term impact on families.
Court Decision: Hu Fuji was sentenced to death with a two-year reprieve, Tang Lixia received life imprisonment; appeals were rejected.
Significance: This case underscores the severity of punishments for child trafficking and the ability to prosecute decades-old cases.
Case 4: Forced Marriage Trafficking in Rural China
Facts: Multiple cases in rural provinces where women were abducted and sold into forced marriages.
Legal Issues: Trafficking women for marriage, determining the sale element, cross-provincial transportation.
Court Decision: Courts imposed imprisonment ranging from 7 to 13 years depending on the number of victims and severity of abuse.
Significance: Shows how forced marriage is treated as trafficking and prosecuted under Article 240.
Case 5: Large-Scale Infant Trafficking Ring
Facts: A trafficking network abducted infants from rural areas and sold them across provinces.
Legal Issues: Organized crime, multi-year operations, cross-provincial trafficking, and the statute of limitations.
Court Decision: Leaders were sentenced to death or life imprisonment, while lower-level participants received 10–15 years.
Significance: Demonstrates the strict enforcement against organized trafficking networks and the law’s reach across provinces.
Case 6: Online Trafficking and Abduction (Hubei Province)
Facts: Traffickers used online platforms to lure women under false job promises, then trafficked them for forced labor or marriage.
Legal Issues: Trafficking of women, deception in recruitment, cross-provincial transport.
Court Decision: Perpetrators received 10–15 years imprisonment, with fines and confiscation of property.
Significance: Reflects modern trafficking methods using the internet and digital communication, showing law adaptation to new challenges.
Case 7: Cross-Border Child Trafficking (Yunnan Province)
Facts: Children were abducted and sold to buyers outside China’s borders.
Legal Issues: Trafficking of children internationally, organized network, and long-term operation.
Court Decision: Perpetrators received death penalties or life imprisonment due to cross-border nature and high number of victims.
Significance: Illustrates that Chinese courts treat international trafficking with the harshest penalties.
Key Observations
Severity of Punishment: Death penalty or life imprisonment for especially serious cases.
Focus on Women and Children: Law primarily protects these groups, though adult male victims are less covered.
Long-Term and Large-Scale Crimes: Courts prosecute even decades-old or multi-province cases.
Modern Challenges: Internet-based recruitment, forced labor, and domestic trafficking remain areas of concern.
Enforcement Mechanisms: Include local reporting obligations, victim protection, and multi-departmental coordination.
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