政治极化、政治杂交条件下打击人口拐卖的政治与法律特征

E. Oskina
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引用次数: 0

摘要

人口贩运问题每年都变得更加全球性,今天世界上几乎所有国家都受到原籍国-目的地国这一链条的影响。由于复杂的推动因素(经济困难、社会紧张、贫穷、内部战争和冲突等),第三世界国家正日益成为未来人口贩运受害者的来源国。移民流动造成了一个难以通过立法加以管制的灰色地带。这一地区成为人口贩运犯罪网络的目标。发展中国家由于缺乏组织的监督机构,没有追踪其公民作为移民的流动情况。发达国家往往成为进一步剥削的终点,它们没有作出一切必要的努力来查明受害者并遣返他们。所有这些复杂的问题促成了人口贩卖生意的繁荣。但是,在政法领域对这一问题的认识上,存在着大量的不足。其中最重要的是《巴勒莫议定书》(打击人口贩运的最普遍和最全面的管制法)的弱点、对人口贩运类型的简化查明以及人为地将这一问题政治化。本文的目的是考虑在各国为国家利益而斗争以及国家间对抗手段和方法不断变化的背景下,打击人口贩运的政治和法律特征的主要缺点。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Political and Legal Features of the Fight Against Human Trafficking in the Conditions of Political Polarization and Hybridization
The problem of human trafficking is becoming more global every year, today almost all countries of the world are affected in the chain of the country of origin - the country of destination. Third world countries due to a complex of push factors (economic difficulties, social tensions, poverty, internal wars and conflicts, etc.) are increasingly becoming countries of origin for future victims of human trafficking. Migration flows create a gray area that is difficult to regulate by legislation. It is this zone that becomes the target of criminal networks for human trafficking. Developing countries, due to a poorly organized supervisory apparatus, do not track the movement of their citizens as migrants. Developed countries, which often become the end point for further exploitation, do not make all the necessary efforts to identify victims and repatriate them. The whole complex of problems contributes to the prosperity of the human trafficking business. However, in the field of political and legal understanding of this problem, there are a large number of shortcomings. The most significant of them are the weakness of the Palermo Protocol (the most universal and comprehensive regulatory act in the fight against human trafficking), simplified identification of types of human trafficking and artificial politicization of the problem. The purpose of this article is to consider the main shortcomings of the political and legal features of the fight against human trafficking in the context of the struggle of countries for their national interests and changing means and methods of confrontation between states.
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