本文的全文共分为三章对出卖亲生子女的犯罪问题进行分析： 第一章立足于所获取的真实案例，从犯罪反生的地域、犯罪主体、犯罪对象、犯罪手段等方面对我国当前出卖亲生子女犯罪的现状作一个全方位的考察。通过考察，可以发现如下规律：年轻人出卖自己的亲生子女人数要多于中年人、父亲比母亲更容易出卖自己的亲生子女、出卖亲生子女者的文化程度普遍不高、出卖人的籍贯多集中在中西部经济欠发达地区、被出卖的男童要多于女童、被出卖的儿童多流向经济发达地区、犯罪人常利用熟人、医生、网络平台等手段进行出卖自己的亲生子女。 第二章分两个小部分来对出卖亲生子女的犯罪问题进行分析：第一，围绕如何理解“非法获利为目的”和“情节显著轻微危害不大”这两个问题来对出卖亲生子女的定性问题作出考察，同时提出自己对认定此类行为的一些见解。笔者认为，只要是在“送养”自己的亲生子女时收取了一定财物（极少量除外）就应当认定行为人具有非法获利的目的。对于“情节显著轻微危害不大”这一规定，笔者认为在认定时应当根据具体的案情来综合考量，要充分的考虑出卖人出卖时的家庭情况、出卖原因、出卖动机以及收买人的收买目的等情况。第二，对我国出卖亲生子女犯罪的原因作出总结。通过考察笔者发现，出卖人出卖自己的亲生子女的原因是多方面的，主要具体表现为五个方面，即犯罪人自身的原因、收买人方面的原因、收养制度方面的原因、人贩子方面的原因以及我国的反拐政策方面的原因。 第三章论述两个方面的问题：第一，提出相应的惩治出卖亲生子女犯罪的行政对策。政府有关部门要采取多种措施对此类犯罪进行规制，既要加强对该类犯罪的惩处力度，还要健全相关法规；既要加强引导，还要加强普法宣传；既要加大对中西部地区的扶持力度，还要严格贯彻执行计划生育政策；既要加强对儿童福利院的管理，还要简化相关的收养程序。第二，从刑事立法和刑事司法的角度提出相应的惩治出卖亲生子女犯罪的刑事立法对策和刑事司法对策。一方面最高人民法院可以联合其他相关部门出台更为细致的司法解释或者指导性文件对实践中出现的定性混乱问题加以规制；另一方面，立法机关也可以通过修改《刑法》的方式在刑法中增设“出卖亲生子女罪”以及提高收买者的刑期来对该类犯罪进行规制。

The full text of this article is divided into three parts to analyze the crime of selling one's own children. The first part, based on the real cases, makes an all-round investigation of the current situation of the crime of betraying one's own children from the aspects of the regeneration of crime, the subject of crime, the object of crime and the means of crime. Through investigation, we can find the following rules: the number of young people selling their own biological children is more than that of middle-aged people, fathers are more likely to sell their own biological children than mothers, the educational level of those who sell their biological children is generally not high, the origin of sellers is mostly concentrated in the underdeveloped areas of the central and Western regions, more boys are sold than girls, and more children are sold to the economically developed areas. Areas and criminals often use acquaintances, doctors, network platforms and other means to sell their own children. The second part is divided into two small parts to analyze the crime of selling one's own children. Firstly, it examines the qualitative problem of selling one's own children around the two questions of how to understand "illegal profit is the purpose" and "the plot is significant and slightly harmless", and at the same time, it puts forward some opinions on the identification of such acts. The author believes that as long as a certain amount of property (except a very small amount) is collected during the "adoption" of one's own biological children, the perpetrator should be recognized as having the purpose of illegal profit. As for the stipulation that "the circumstances are significant and minor and the harm is not great", the author thinks that we should consider comprehensively according to the specific circumstances of the case, and take full account of the seller's family situation, the reasons for the sale, the motives for the sale and the buyer's purchasing purposes. Secondly, the reasons for the crime of selling one's own children are summarized. Through investigation, the author finds that there are many reasons for sellers to sell their own children, which are mainly manifested in five aspects, namely, the reasons for the perpetrators themselves, the buyers, the adoption system, the traffickers and the anti-abduction policy of our country. The third part discusses two aspects of the problem: First, put forward the corresponding administrative countermeasures to punish the crime of selling one's own children. Relevant government departments should take various measures to regulate such crimes. They should not only strengthen the punishment of such crimes, but also improve relevant laws and regulations; strengthen guidance and publicity of law popularization; strengthen support to the central and Western regions, but also strictly implement the family planning policy; strengthen the management of children's welfare homes, and simplify the relevant collection. Maintenance procedure. Secondly, from the perspective of criminal legislation and criminal justice, the corresponding criminal legislation and criminal justice countermeasures to punish the crime of selling one's own children are put forward. On the one hand, the Supreme People's Court, in conjunction with other relevant departments, can issue more detailed judicial interpretations or guidance documents to regulate the qualitative confusion in practice; on the other hand, the legislature can also regulate such crimes by amending the Criminal Law by adding the crime of selling one's own children to the Criminal Law and increasing the prison term of the buyer.