| Summary: | 碩士 === 國立臺灣海洋大學 === 海洋法律研究所 === 93 === Human trafficking is really not an emerging issue. Since two centuries ago, it had existed. As slaves at the early stage, any adults and children whoever are worthy of exploitation, could be today’s objects snared by human traffickers. Such trafficking does not abolish, but trend to get worse every day. Though enacted on November, 15, 2000, the “UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children” does not yet cause Taiwan to take account of this issue. Last two years, Taiwan was sequentially listed as a source country, a transit country and a destination country. It might be a huge impact on international imagine about Taiwan’s human rights protection. Moreover, this year, Taiwan is downgraded to Tier 2 not yet fully comply with the minimum standards for the elimination of trafficking. In this case, it appears that there are deficiencies in Taiwan’s statutes.
If the trafficking victims are involved in illegally crossing Taiwan’s border, they shall be deemed criminals according to the criminal provisions of the State Security Law, Immigration Act, Passport Act, Taiwan Area and Mainland China People's Relations Ordnance. This phenomenon is beyond all reason. Actually, during the trafficking process, whether with voluntariness or not, such victims could not be out of the trafficker’s control. Such victims are unpunishable and not applied to criminal sanctions. Therefore, there are questions about Taiwan’s statutory protection of the trafficking victims.
By the definition of human trafficking offense, there are different legal interests for protection in international conventions and each state’s statutes, thereof, there are different constitutive elements. This thesis argues that human trafficking shall be considered as an issue of human rights infringement. Then reviews Taiwan’s legislation policy for human trafficking offense, and probes into whether criminalization shall be applied. Furthermore, reviews Taiwan’s current criminal provisions in order to rebuild constitutive elements of human trafficking offense, and drafts some referrence articles of criminal sanctions for Taiwan’s legislation of human trafficking.
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