Human trafficking in China is punished under Article 240 of the Criminal Law with 5 to 10 years in prison plus a fine, and aggravated cases — such as trafficking three or more victims or selling women or children abroad — can bring 10 years to life imprisonment or even the death penalty.
What acts are treated as trafficking?
Article 240 covers a whole chain of conduct: abducting, buying, selling, transporting or transferring a woman or child for sale. Because the crime is defined by the purpose of sale, a person who buys a victim in order to resell her or him is treated as a trafficker too. People who buy trafficked women or children for themselves also commit a separate crime (Article 241), so the police target every link from abduction to sale.
Why is trafficking treated as a cross-border crime?
Many cases involve moving victims across national borders. Selling a woman or child out of China is an express aggravating factor under Article 240, and cross-border trafficking gangs are often charged together with organizing illegal border crossings (Article 318). Sentences therefore depend on the number of victims, whether any victim was sent abroad, the injuries caused, and the role each person played in the network.
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Frequently asked questions
Q: What acts are treated as trafficking?
A: Article 240 covers a whole chain of conduct: abducting, buying, selling, transporting or transferring a woman or child for sale. Because the crime is defined by the purpose of sale, a person who buys a victim in order to resell her or him is treated as a trafficker too. People who buy trafficked women or children for themselves also commit a separate crime (Article 241), so the police target every link from abduction to sale.
Q: Why is trafficking treated as a cross-border crime?
A: Many cases involve moving victims across national borders. Selling a woman or child out of China is an express aggravating factor under Article 240, and cross-border trafficking gangs are often charged together with organizing illegal border crossings (Article 318). Sentences therefore depend on the number of victims, whether any victim was sent abroad, the injuries caused, and the role each person played in the network.
Wang Guan | Co-founder, Beijing Haolue Law Firm | +86 17813108512