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Death penalty or not? That is a question facing judges who handle child-traf
Death penalty or not? That is a question facing judges who handle child-traf
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2023-11-26
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问题
Death penalty or not? That is a question facing judges who handle child-trafficking cases these days. Lately, calls on social media to hand down capital punishment to anyone involved in child trafficking triggered a heated debate on the appropriate punishment for such offenses. From the following excerpts, you can find that there seems to be a contradiction of opinions between netizens and jurists.
Write an article of NO LESS THAN 300 words, in which you should:
1. summarize the opinions from both sides, and then
2. express your opinion towards this campaign, especially whether child traffickers should be sentenced to death.
Excerpt 1
Lately, an appeal to institute the death penalty against all those convicted of child trafficking has gained a significant following online and launched a substantial debate on the subject.
The campaign was initiated with a photo captioned: "China should change its legislation on child trafficking. People trafficking children should be sentenced to death. Why should they be given a second chance when the children they harmed don’t get any?" In less than two days, the post has been viewed more than 1.5 million times on Weibo and has been shared by thousands of supporters on WeChat.
A recent poll on Sina found that 88.3 percent of the more than 21,000 respondents were unsatisfied with China’s crackdown on child trafficking with 92.5 percent recommending that the same punishment imposed on traffickers should also be applied to buyers in order to stop the lucrative trade in children.
Chen Shiqu, director of the anti-human-trafficking office under the Criminal Investigation Department at the Ministry of Public Security, is well-known online as China’s top official in charge of fighting human traffickers. Chen wrote in a micro blog that defendants in "major child-trafficking cases should be sentenced to death to deter such crimes". He said judicial authorities have handed down punishment to child traffickers, resulting in rampant occurrences of such crimes. "Appropriately using the death penalty on those who commit harmful crimes will effectively curb such crimes," he said.
Excerpt 2
Not all law experts and lawyers agree that the death penalty is appropriate for all child traffickers. Gu Yongzhong, professor at the China University of Political Science and Law, argued that its effect would be limited "It doesn’t mean that if we draft a special law to stipulate severe punishment, such as issuing death sentence, on traffickers, such crimes may dramatically decline," Gu said.
Some are worried that sentencing all human traffickers to death would remove the difference of penalties for two groups of traffickers—those who trafficked children but didn’t harm them, and those who hurt and even killed victims.
Wang Jin, a graduate student majoring in criminal procedure laws at Renmin University of China, and a mother of a 2-year-old girl, said: "I personally hate child traffickers. But if the judicial authorities sentence them all to death, abducted children could fall into danger and the suspects may become so desperate that they seriously injury or even kill the children, which will make it harder for the police to arrest them."
Zheng Kai, a Beijing criminal lawyer, said: "We can learn from other countries, where criminal offenses haven’t risen although they abolished the death penally. Abolishing the death penalty is a worldwide trend."
选项
答案
Death Penalty Will Not Effectively Deter Child Trafficking
A recent campaign has given rise to a heated discussion among the public. It is argued that for the purpose of curbing child trafficking, the criminals convicted of such crimes should be all sentenced to death without mercy. Furthermore, they also insist that the buyers deserve punishment too. Nonetheless, as opposed to the previously mentioned opinion, most jurists believe that death penalty shall not be applied to all child traffickers, because it cannot in effect prevent such crime happening again and what makes it worse is that the victims will be in great danger if the relevant law is released.
Personally, I am standing on the side of not putting all child traffickers to death. For one thing, death penalty cannot stop people giving up the lucrative profit contained in child trading, thus unable to restrain such crimes. Take drug dealing for example. According to our law, those convicted of drug trafficking may be sentenced to death, which, however, doesn’t put an end to the occurrence of such crimes. Yet I am not suggesting that the child traffickers should be leniently punished. Actually, they must be punished in different degrees based on the harm they do to the victims. The current penalty, as far as I see, shall be enhanced so as to beat the dog before the lion. More importantly, the buyers of child trafficking should also be penalized. It is because demand exists that supply follows. If such act of buying is suppressed, child trafficking will be substantially discouraged then.
To sum up, it is neither appropriate nor effective to apply death penalty to all child traffickers. What should be done is that the juridical department ought to aggravate punishment for child trafficking and place serious punishment on buyers. With that in force, such evil trade in children will be effectively prevented.
解析
材料围绕“是否对人贩子实行死刑”展开讨论,两则选段分别持正反观点。
选段一支持对人贩子实行死刑(should be sentenced to death)。据新浪民调显示,两万多名受访者对中国现行的贩卖儿童的惩处表示不满,其中有超过92%的人建议对买方也应实行惩处。他们认为人贩子猖獗(rampant occurrences)的原因在与处罚过于仁慈(relatively lenient),对他们处以死刑有助于制止此类犯罪(deter such crimes)。
选段二则持反对意见,主要有以下四个原因:第一,实行死刑的效果有限(effect would be limited),并不能极大地减少此类犯罪;第二,若对所有人贩子均实行死刑,则会混淆(remove the difference)针对两类人贩子的惩处力度,包括那些单纯贩卖儿童的和虐待甚至杀害儿童的这两类罪犯;第三,会使人贩子成为亡命之徒(become so desperate),加大警察的救援难度;第四,应当向其他无死刑的国家学习,因为废除死刑已经是世界潮流(a worldwide trend)。
开篇:概括材料,总结是否应对儿童人贩子施行死刑的正反观点。
主体:提出个人观点——不应对所有儿童人贩子执行死刑。举例说明实行死刑的效果有限,同时提出建议。
结尾:总结全文,重申观点——对儿童人贩子应按犯罪程度处以不同的惩罚,买家也有责任且应受到法律的惩罚与管制。
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