Comparative Criminal Justice: A Study on Transnational Crime

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This report provides a comparative analysis of human trafficking, a significant transnational crime, focusing on India and China. It begins by defining human trafficking and its various forms, including sex slavery, forced labor, and organ trafficking. The report then compares the two countries, examining their definitions of the crime, crime rates, and the tools they use to measure it. It delves into the legal traditions of each nation and how these traditions influence the definition, rate, and measurement of human trafficking. The analysis includes a discussion of the challenges in comparing crime statistics across different countries and evaluates the extent to which such comparisons are valid. The report uses data and statistics to highlight the scale of human trafficking in both nations, identifying key factors such as poverty, unemployment, and internal migration as drivers of the crime. It also examines the legal frameworks, government initiatives, and international collaborations aimed at combating human trafficking in India and China, including legal codes, prevention programs, and rescue operations. The study concludes by assessing the effectiveness of these measures and highlights the need for continued efforts to address this complex and devastating crime. The report cites multiple academic resources to support its findings.
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COMPARATIVE CRIMINAL JUSTICE 1
Comparative Criminal Justice
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COMPARATIVE CRIMINAL JUSTICE 2
Comparative Criminal Justice
Transnational Crimes-Human Trafficking
Transnational crimes are international crimes, and they entail the cross border
transferences as an essential aspect of criminal activities. Generally, certain crimes occur in one
particular nation; however, activities relating to such crimes tend to have many impacts on other
countries (Onwudiwe, 2017). A key example is human trafficking, sex slavery, drug trafficking,
slavery as well as goods smuggling. Organized organizations usually administer the mentioned
activities.
Human Trafficking
Human trafficking is an activity that involves the trading of humans mainly for
surrogacy, trading of organs, sexual exploitation on a commercial basis, sex slavery and labor. It
is considered a crime against another individual wish to carry out something that they do not
value and believe in (Boister, 2018). Additionally, human trafficking is a violation of the rights
of others. Statistics indicate that the revenue generated from human trafficking is estimated to be
about $ 33 billion annually in international trade.
Countries in the Business of Human Trafficking
The two nations that are famously known for human trafficking include India and China.
India has a high rate of human trafficking of men, women as well as children. Reports indicate
that every year about 700,000 individuals are trafficked. The victims of human trafficking are
mostly duped with fake promises of employment (Ottisova et al., 2016). The women, for
instance, are forced into marriages as well as sexual exploitations. It is has been considered as
one of the sources of transit and final destinations for trafficked individuals. Consequently,
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COMPARATIVE CRIMINAL JUSTICE 3
children who are captured are compelled to provide cheap and free labor in the factories as well
as at home. Besides, some of them may be exploited sexually.
Legal traditional and crime statistics
To curb the crime, the Indian government through the Indian Penal Code have set out
severe penalties for the individual who are involved in such criminal activity. Besides, several
government advisories have been given the role to offer recommendations to the government to
help in the prevention of the crime (Kempadoo, Sanghera & Pattanaik, 2015). Furthermore, the
Immoral Traffic Prevention Act has been drafted by the government as a supplement to the
Indian Penal Code. The prevention of human trafficking as well as the rescue operations is
supported financially by established schemes such as the Ujjawala that is a project of the
government of India. Several schemes have also been created especially for the youth
empowerment as well as education, for instance, the Laadli that seeks to curb girl infanticide.
China is the originator, transit as well as the final destination for human trafficking or
sexual exploitation and forced labor. The individuals that are trafficked are mainly from nations
such as Zimbabwe, North Korea, Burma, Vietnam, North Korea, and Laos among others.
Occasionally some of the victims are usually coerced into debt bondage. The North Koreans
mostly are forced into prostitution. China is often involved in human trafficking for a variety of
reasons. One of the principal causes for human trafficking has been attributed to the high levels
of unemployment rates especially in the rural areas (Qiu, Zhang & Liu, 2019). The other reason
for the rise in such criminal activity is because of the growth in certain industries especially the
construction and manufacturing in the urban regions that have therefore caused internal
migration. Several opportunities are thus created for the human traffickers.
Legal traditional and crime statistics
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COMPARATIVE CRIMINAL JUSTICE 4
There has been a rise in the trafficking in both the forced marriage and entertainment
industries according to the reports outlined by the Ministry of Public Security. The most affected
are mainly girls aged between 16 to 20 years. It was also estimated that about 7,000 children and
20,000 women were rescued during a human trafficking operation.
To curb the issue of human trafficking in the country, China has taken a number of steps
to put an end to women trafficking primarily. For instance, it has established various movements,
organizations as well as programs that support anti-human trafficking. A vital example of the
programs is the inter-agency anti-trafficking program (Liu, 2017). Additionally, the government
has increased allocations for expenditure on labor assessment and the criminal penalties for those
found to have been involved in the crime. A local emergency number has also been created to
help to report criminal cases of human trafficking. Other crucial steps include the upgrade of the
criminal codes to integrate the hindrance of forced labor. The INTERPOL and the foreign
government are working together with that of China to enhance the whole situation. The trained
protection centers have also been created for the affected victims. At the moment, the
government developing a National Plan of Action for curbing human trafficking.
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COMPARATIVE CRIMINAL JUSTICE 5
References
Boister, N. (2018). An introduction to transnational criminal law. Oxford University Press.
Kempadoo, K., Sanghera, J., & Pattanaik, B. (2015). Trafficking and prostitution reconsidered:
New perspectives on migration, sex work, and human rights. Routledge.
Liu, M. (2017). Migration, prostitution and human trafficking: The voice of Chinese women.
Routledge.
Onwudiwe, I. D. (2017). Transnational crimes: The case of advanced fee fraud in Nigeria.
In Pan-African issues in crime and justice (pp. 99-120). Routledge.
Ottisova, L., Hemmings, S., Howard, L. M., Zimmerman, C., & Oram, S. (2016). Prevalence and
risk of violence and the mental, physical and sexual health problems associated with
human trafficking: an updated systematic review. Epidemiology and psychiatric
sciences, 25(4), 317-341.
Qiu, G., Zhang, S. X., & Liu, W. (2019). Trafficking of Myanmar women for forced marriage in
China. Crime, Law and Social Change, 1-18.
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