Joint liability and aggravation? An inspection of legislative and judicial practices in cases of the crime of the abduction, sale, and purchase of women and children in China

Trafficking in persons is a global crime occurring at large scale and is the third most lucrative illegal activity worldwide. In China, trafficking has distinctive features, predominantly victimizing women and children. Contributing factors include poverty, traditional cultural norms, the one-child policy, high profits with relatively low risks, legal loopholes, and inadequate enforcement. Although sexual deprivation and sexual transactions are sometimes cited as causes, there is no universally accepted empirical evidence supporting these claims. The state has enacted specific legislation to combat serious violations of women’s and children’s personal rights and has pursued broader crime control, yet these crimes persist, adapting through concealment, chains, and industrialization. Persistent phenomena such as “Vietnamese brides,” “mail-order brides,” and “bachelor villages” highlight challenges in rural marriage markets and transnational trafficking of women. Domestic scholarship has emphasized legal countermeasures and legislative improvement, with strong calls for increasing punishment and equalizing penalties for selling and buying. Others caution that heavier penalties alone are insufficient, arguing for more balanced criminal policy tools. Empirical work has mapped regional differences and high-incidence areas (e.g., Shandong, Henan, Fujian, Yunnan), explored factors behind trafficking (including from the perspective of female perpetrators), and examined geographic distribution, patterns, and mechanisms. International research began earlier, focusing on human rights and legal theory, but single-region or extreme-case studies risk overgeneralization. In China, trafficking exhibits strong regional variability and evolving forms. Research questions and purpose: How has China responded to trafficking in women and children since criminalization in 1979? What is the overall governance effectiveness? Is public advocacy for increasing punishment and imposing equal penalties on buyers and sellers justified? Motivated by renewed attention from the Fengxian “chained woman” case, this paper compiles and analyzes judicial cases and related legal bases from the Beida Fabao database to clarify current legislation and judicial practice, identify common features, and reveal the criminal policy logic and trends underlying these practices. The study provides an overview of trafficking-related crimes in China and serves as a reference for further research.

Chinese scholars have approached trafficking from jurisprudence, criminology, and sociology. Many advocate heavier punishment and equalizing penalties for buying and selling, arguing the acts are equally wrongful. Opposing views emphasize proportionality, caution against heavy-penalty mindsets, and advocate multifaceted governance beyond harsher sentences. Empirical studies using judgment documents and web-crawled datasets (e.g., 2014–2016) identified high-incidence regions (Shandong, Henan, Fujian, Yunnan) and called for deeper analysis of patterns and causes, prevention, and control. Some work analyzes factors from the perspective of female offenders and uses geographic approaches to reveal distribution patterns, regional differences, and formation mechanisms. Internationally, research started earlier, focusing on human rights and legal frameworks, indicator development, and global trafficking dynamics. The literature warns against generalizing from extreme or localized cases and recognizes that in China trafficking persists despite criminalization, evolving through concealment and industrial chains.

Data source and collection: Leveraging increased judicial transparency, the study used Beida Fabao (Peking University’s comprehensive legal database) to retrieve adjudication documents, typical cases, and legal/regulatory materials. Querying the Topic Classification “trafficking in women and children” yielded 21,690 judicial cases with metadata (reference level, case type, court level, trial court, procedure, document type, trial year, final result, disclosure type, document length). In the Laws and Regulations section, the search identified 24 central regulations, 78 local regulations, 3 legislative materials, and 17 legal developments. Data cleaning and measurement: All data underwent manual verification. The corpus was filtered to remove irrelevant charges, duplicates (including second-instance duplicates), personal information-only records, and invalidated documents, leaving the final analytical sample. Counts of valid cases and numbers of trafficked women were manually checked. Analytical approach: The study combined literature review, mathematical statistics, comparative indicator analysis, and visualization. Using MATLAB, the authors conducted: (1) baseline panel regression of annual case counts (1998–2022) with fixed effects, robustness (including heteroskedasticity checks), and mechanism/mediation tests; (2) provincial regression analyses for trafficking and purchasing cases; (3) non-parametric tests (rank-sum) to assess regional distribution differences. Panel setup and variables: A panel dataset was constructed with yearly counts of trafficking and purchasing cases; models included time (Year) and case type indicators, and controls for economic development level (EDL) and population size (PS). Fixed effects controlled for unobserved unit-level heterogeneity. Reported coefficients: Year β=0.136 (t=4.51, p<0.001) and Case type β=0.394 (t=6.43, p<0.001), indicating significant temporal and typological effects on case counts. A heteroskedasticity test confirmed robustness. Mediation analysis: Using a PROCESS-style macro, the number of purchasing cases was tested as a mediator for trafficking case counts, controlling for year and case type. Indirect effect=0.092, 95% CI [0.052, 0.146], effect size=0.75, p<0.01, suggesting purchasing behavior partially mediates trafficking trends. Provincial analyses: Linear regressions (MATLAB regress/regstats) modeled provincial counts for trafficking and purchasing as dependent variables with province indicators. For trafficking, the regression coefficient (1.29) was significant (p=0.0006), indicating strong inter-provincial differences; for purchasing, the coefficient (0.09) was weaker and marginally significant (p=0.0995), consistent with more limited database coverage of buying-related crimes. Non-parametric rank-sum tests indicated significant regional distribution differences (p<0.05). Qualitative-legal analysis: The study systematically reviewed legislative changes (1979–2022) and summarized 111 higher-reference-level cases (typical, classic, reference, commentary), including 16 Supreme People’s Court typical cases, 3 Supreme People’s Procuratorate typical cases, and 5 Ministry of Public Security typical cases, to extract adjudicatory rules and policy orientations (e.g., differentiation and mitigation, multi-offense charging for associated crimes during buying).

- Scale and trends: 21,690 judicial cases on trafficking in women and children and 1,458 cases on buying trafficked women and children were identified. Earliest court cases date to 1991 (trafficking) and 2000 (buying). From 1998–2008, cases were few; cases surged 2008–2017, peaking in 2016 for trafficking (3,612 cases) and 2017 for buying (240 cases). Between 2013 and 2014, trafficking cases increased 5.1× and buying cases 3.6×; both declined after 2017. - Panel regression: After controlling for other factors, both Year and Case type significantly affect case counts: Year β=0.136 (t=4.51, p<0.001), Case type β=0.394 (t=6.43, p<0.001). Heteroskedasticity tests supported robustness. Mediation analysis indicates purchasing behavior significantly mediates trafficking trends (indirect effect=0.092, 95% CI [0.052, 0.146], effect size=0.75, p<0.01). - Regional distribution: Trafficking cases occurred in all 31 mainland provincial-level units; buying cases in 27. Trafficking hotspots: Yunnan 3,156 (15%), Shandong 2,895 (14%), Henan 2,731 (14%), Fujian 1,619 (8%). Provinces with 500–1,500 trafficking cases include Sichuan, Hebei, Anhui, Guangdong, Jiangsu. Lowest counts: Tibet, Qinghai, Ningxia, Beijing (<50; Ningxia 16). Buying hotspots: Henan 204 (14%), Anhui 186 (13%), Shandong 182 (13%); mid-tier: Fujian, Hebei, Zhejiang, Guangdong (40–150). Fewest: Ningxia, Hainan, Chongqing, Beijing (<10; Hainan 1). As of Oct 4, 2022, no buying case data in Heilongjiang, Qinghai, or Tibet. Provincial regressions: strong inter-provincial differences for trafficking (coef=1.29, p=0.0006); weaker for buying (coef=0.09, p=0.0995). Rank-sum tests confirm significant regional disparities (p<0.05). - Legislative and policy dynamics: A “legislative year effect” is evident: establishment of the Anti-Abduction Office (2007) and the 2008–2012 national action plan coincided with surges in cases; 2011 and 2015 policies encouraging surrender increased case resolution, peaking in 2017, followed by declines as backlogs resolved. Over time, policy shifted from uniform severity to differentiated and mitigated responses (e.g., 2015 CL Art. 241(6) allowing lighter punishment for buyers under specified conditions). - Macro drivers of decline: Economic development, rural revitalization, narrowing urban-rural and income gaps, adjustments to social welfare (pensions, healthcare), and strict COVID-19 mobility restrictions collectively contributed to reduced trafficking opportunities and incentives. - Provincial mechanisms: Common risk factors in high-incidence provinces include economic inequality, skewed sex ratios and marriage squeeze, patriarchal norms, and profit motives. Province-specific drivers: Yunnan’s border geography and cross-border flows (notably Vietnamese victims); Shandong’s entrenched patriarchal norms and targeting of women with intellectual disabilities; Henan’s population size, transport networks, and inheritance norms fostering a “buyer’s market”; Fujian’s son preference, adoption constraints, and clan culture driving demand for male infants and informal adoption networks. - Judicial practice: Typical cases clarify adjudication on parental sales, vulnerable victims (minors, persons with disabilities), brokering, multi-offense charging (e.g., robbery, illegal detention, rape), and conditions for mitigation for buyers (no abuse, no obstruction to rescue). Overall, case numbers have declined and adjudication rules appear effective. - Policy implication: Increasing statutory penalties for buyers or equalizing penalties for buying and selling is unlikely to be effective. Existing legal provisions and typical case-based decision rules enable proportionate punishment, especially through additional charges for associated offenses during buying.

The study examines whether calls to equate penalties for buyers and sellers and to increase punishment for buying are supported by empirical trends and judicial practice. Findings indicate that while demand (purchasing) mediates trafficking trends, the nature and harms of buying versus trafficking differ. Trafficking is a compound, profit-driven act that violates multiple legal interests and human dignity. Buying often arises from complex social drivers (adoption, marriage markets, son preference, eldercare expectations), which are better addressed through socio-economic and welfare policy adjustments alongside criminal law. The observed temporal trends align with legislative and policy interventions: a surge following anti-trafficking institutionalization and action plans, then declines as backlogs resolve and as broader macro factors—economic development, rural revitalization, social welfare reforms, and COVID-19 mobility restrictions—reduced opportunities and incentives for trafficking. Significant inter-provincial disparities underscore localized mechanisms, supporting targeted governance in hotspots (Yunnan, Henan, Shandong, Fujian) addressing border management, patriarchal norms, marriage squeeze, and adoption pathways. Judicially, typical cases have refined adjudicatory rules, enabling proportional sentencing that differentiates roles (principal/accessory), recognizes multiple offenses (e.g., robbery, illegal detention, rape), and applies mitigation to buyers under statutory conditions (no abuse, no obstruction). These practices address harmful conduct without relying solely on heavier statutory penalties. Thus, the evidence suggests criminal law amendments to equalize or increase penalties for buyers are not necessary; more effective is the consistent application of existing statutes, cumulative charging for concomitant crimes, and leveraging typical-case guidance. The results contribute to a rational policy discourse, emphasizing that governance efficacy depends on integrated legal, economic, and social interventions rather than penalty escalation alone.

This study synthesizes legislative evolution, large-scale judicial case data (1979–2022), and econometric analyses to evaluate China’s response to trafficking in women and children and the purchase of trafficked persons. Key contributions include: documenting national trends (surge to 2017, subsequent decline), identifying regional hotspots and mechanisms, quantifying the mediating role of purchasing, and distilling adjudicatory rules from typical cases. Evidence indicates that existing legal frameworks and judicial practices—characterized by differentiation, proportionality, and multi-offense charging—are functioning effectively, with overall case declines and clarified adjudication. Policy implications: Calls to increase penalties for buyers or to impose equal punishment with traffickers are not supported by the evidence. Instead, authorities should (1) apply existing legal provisions rigorously, including cumulative penalties for associated crimes during buying; (2) utilize typical-case decision rules to guide uniform adjudication; and (3) continue socio-economic policies that reduce underlying demand and opportunities (rural revitalization, social welfare reforms, balanced development, border and mobility management as appropriate). Future research: Given the multidisciplinary nature of trafficking, further work should integrate criminology, sociology, economics, and law; improve data coverage on buying cases; and evaluate the long-term effects of welfare and demographic policies on demand-side drivers (adoption, marriage markets, son preference).

- Judicial case data coverage: The Beida Fabao database reflects published judicial documents; trial cases represent only a fraction of actual incidents. Thus, observed counts likely understate true prevalence. - Imbalanced coverage for buying crimes: Provincial regression results and missing data (e.g., no buying case data for Heilongjiang, Qinghai, and Tibet as of Oct 4, 2022) indicate limited coverage for buying-related cases, weakening inter-provincial explanatory power. - Observational design: Panel regressions and mediation analyses identify associations but cannot establish definitive causality between policy changes and crime trends. - Case selection bias: Typical and classic cases are curated for guidance and may over-represent complex or emblematic issues relative to routine cases.