What are the methods used to commit the crime of child abduction?

Legal Analysis: The crime of child abduction and trafficking refers to the act of using deception, inducement, or other methods to separate minors under the age of 14 from their families or guardians. The crime of child abduction is a crime and is subject to corresponding criminal penalties, such as fixed-term imprisonment of not more than five years or criminal detention.

Legal basis: Article 262 of the Criminal Law of the People's Republic of China: Whoever abducts a minor under the age of 14 and separates him from his family or guardian shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention.

The crime of abduction and the abduction of a child are both offences in criminal law, but their definitions and scope of application differ. The crime of abduction refers to the use of deception, coercion, or other means to deceive others into taking possession for the purpose of illegal possession; The crime of child abduction refers to the use of deception, coercion or other means to abduct minors under the age of 14 for the purpose of illegal possession.

In recent years, some people have called for the crime of abduction and child abduction to be merged into the crime of child abduction, arguing that this is more in line with the need to protect minors. They believe that merging the crimes of abduction and child abduction into one crime can avoid disputes arising from proving whether the victim has been abducted, and at the same time can better protect the rights and interests of minors.

However, there are some who have raised objections to this. They believe that merging the crime of abduction and the crime of child abduction into one crime may lead to inaccurate judgments of different situations, which may affect the fairness of justice. In addition, they are concerned that the combined charges may mislead some illegal adult trafficking practices, thus affecting the effectiveness of the judiciary.

In general, the abolition of the crime of abduction and the unification of the crime of child abduction needs to take into account the balance between the protection of the rights and interests of minors and the impartiality of justice. In practice, it is necessary to judge and deal with the situation according to the specific situation to ensure the fairness and effectiveness of the judiciary.

Composition of the crime of child abduction: liquid mold.

1. Subjective state reserve elements: manifested intentionally in the subjective aspect;

2. Subject Elements: The subject is a general subject, that is, any person who has reached the age of criminal responsibility and has the capacity for criminal responsibility can constitute this crime;

3. Objective elements: Objectively manifested as the use of deception, inducement, or other methods to make children separate from their families or guardians;

4. Object element: The object is the family relationship of others and the legitimate rights and interests of children.

[Legal basis].Article 262 of the Criminal Law of the People's Republic of China.

Those who abduct minors under the age of 14 and are separated from their families or guardians are to be sentenced to up to five years of suspended imprisonment or short-term detention.

The crime of child abduction will only be constituted if the following elements are met: the object of the violation is the family relationship of another person and the legitimate rights and interests of the child; Objectively, it is manifested in the use of deception, inducement, or other methods to detach the child from his or her family or guardian; The subject of the crime is an ordinary subject; Manifested intentionally in the subjective aspect.

Legal basis] Article 46 of the Criminal Law.

Criminals sentenced to fixed-term imprisonment or indefinite imprisonment are to be served in prisons or other places of enforcement; Anyone who has the ability to work should participate in labor and receive education and reform.

Article 262.

Whoever abducts a minor under the age of 14 and separates him from his family or guardian is to be sentenced to up to five years imprisonment or short-term detention.