【摘要】 拐卖妇女、儿童罪和收买被拐卖的妇女、儿童罪的法益是人格尊严 ,且系超个人法益。前罪是状态犯 ,后罪是继续犯 ,两罪既遂的标志是买卖行为完成。只有违背成年妇女意志强行与其性交的和与幼女发生性关系的 ,才是“奸淫被拐卖的妇女”。教唆他人拐卖妇女、儿童给自己收买的只需以拐卖妇女、儿童罪 (教唆犯 )一罪定罪处罚。我国刑法应取消拐卖妇女、儿童罪 ,代之以拐卖人口罪更多还原

【Abstract】 The law benefit of the crime of kidnapping and selling women and children and the crime of bribing women and children kidnapped and sold is human dignity and it’s super-personal law benefit. The former is state offender and the latter is continual offender. The indication of the crimes’ accomplishment is the fulfillment of transaction action. Only the action of sexual intercourse by force disobeying the purpose of adult women and having carnal knowledge of young daughter are "adultery the women kidnapped and sold". If one instigates others kidnapping and selling and bribes, he will be convicted of the crime of kidnapping and selling women and children (abettor). The crime of kidnapping and selling women should be repealed and be taken the place of the crime of dealing in human being.更多还原