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近年来出卖亲生子女的案件时常发生并且对于此类案件的定性颇有争议。任何人买卖儿童的行为都是犯罪行为,应当受到法律的追究。但是由于刑法上规定的不完善导致在实践操作中的颇多难题。定罪依据为何,是否符合法理一直以来都备受争议。应当从父母子女和社会等多方面视角考虑,对于此类案件应当有个合理而又有效的规定,体现罪刑相适应和罪刑法定的原则。
In recent years, cases of bestial children have occurred frequently and the nature of such cases has been controversial. Anyone buying and selling children is a criminal act and should be subject to law. However, due to the imperfection of criminal law, many practical problems are caused. Convicted on the basis of why the law has always been controversial. Consideration should be given from the perspectives of parents, children and the society. For such cases, there should be a reasonable and effective provision that reflects the principle that crimes and penalties should be adapted to the principle of legally prescribed punishment for crimes.