A Study on Legislative Improvements for the Protection of Victims in the Crime of Trafficking Women and Children

-- Based on the Dual Dimensions of Criminal Economics and Social Psychology

Abstract

This study examines whether the scope of protection for trafficking crimes should be extended to include adult males, drawing on dual perspectives from criminal economics and social psychology. Traditional criminal legislation in China has prioritized special protections for women and children. However, as society evolves and gender equality principles gain traction, instances of male victims of trafficking have emerged. Yet relevant legislation continues to exclude males from core criminal offenses, resulting in imbalanced legal protection and gaps in human rights safeguards. By integrating Becker's criminal decision-making model with criminological psychology analysis, this study systematically demonstrates the necessity and feasibility of including men within the scope of protection. Findings reveal that the current “gender-specific” protection framework not only creates substantive gaps in legal interest protection but also undermines overall deterrence due to the lack of male perpetrators under this offense, necessitating sentencing under alternative charges. The conclusions provide theoretical and empirical support for refining Article 240 of the Criminal Law and advancing a legislative shift from “women and children” to “population” protection. They also offer academic reference for deepening the implementation of the National Anti-Trafficking Action Plan.