On the way to my grandparents' house, I was left with firecrackers and crumbs of flowers that had just been burned. There are dragon and lion dances in front of the door, and the round table for hospitality has been set up.
Sun Zhuo's grandmother sat in front of the house with Sun Haiyang's notice of finding a son over the years, and netizens, villagers, and media reporters who cared about this matter all came here and surrounded the house on three floors inside and three floors outside.
▲Grandma hugged Sun Zhuo tightly and cried with joy. Source: Beijing News our video screenshot
Sun Zhuo's grandparents' home is a three-story bungalow, around 1 p.m., Sun Zhuo and his grandparents have met and recognized, in a scene of firecrackers and dragon and lion dances, Grandma hugged Sun Zhuo tightly and cried with joy.
After greeting and chatting with relatives, Sun Zhuo waved to the crowd on the second floor to express his gratitude, and then the family drove away, and the three generations of grandchildren and many relatives ate a reunion dinner together. During the banquet, everyone raised a glass to celebrate Sun Zhuo's return home.
▲ Three generations of grandchildren and many relatives ate a reunion dinner together. Source: Beijing News our video screenshot
Sun Zhuo's grandmother said that in the 14 years that Sun Zhuo lost, the family tried all kinds of ways, went to Shandong, Jiangsu and other places, posted search notices everywhere outside every day, and even found a fortune teller to calculate where the children were. She said that after they found the traffickers, they only wanted to find the children.
Sun Zhuo's grandfather said that he knew that Sun Zhuo had found it three days ago, and he couldn't believe it at the time, and now Sun Zhuo really came back and shouted "grandparents". Until now, Grandpa's emotions are still very excited, with tears in his eyes.
The legal responsibility of adoptive parents cannot be diluted
A villager who lived nearby watched Sun Zhuo grow up until he was trafficked when he was 4 years old. She said that now that she has finally found her child, she is also very happy for Sun Haiyang's family.
Opinion: The successful search for relatives in the prototype of "Dear" cannot dilute the legal responsibility of adoptive parents
Anyone who buys a child who has been trafficked is criminalized, and this is also to curb the "buyer's market".
For "Dear" prototype Sun Haiyang, December 6 is a special day, and on this day, he and his son Sun Zhuo, who has been abducted for 14 years, meet him. At the scene of the recognition, Sun Haiyang and his wife hugged their "lost and recovered" son and cried bitterly, and their emotions were out of control for a while. Subsequently, the family sat together and ate a reunion dinner that was 14 years late. According to the Shenzhen police, at present, the criminal suspect Wu Moumou has been criminally detained, in addition to Sun Zhuo's adoptive father, who is sick, Sun Zhuo's adoptive mother and the adoptive parents of another abducted child, Fu Moutao, have also been taken compulsory measures to release on guarantee pending further investigation, and the case is being further handled.
For Wu Moumou, a criminal suspect suspected of child abduction and trafficking, there is no doubt that criminal responsibility must be pursued according to law, but there are still different voices on the Internet about whether Sun Zhuo's adoptive parents should be punished.
Some people believe that it is better to have a favor than to raise a favor, that child trafficking is the personal act of an outlaw, and that adoptive parents are not the culprits. Moreover, in the past 14 years, they have also spent a lot of energy, paid a lot of money, etc., and worked hard to raise the abducted children, without merit and hard work. There are also voices that the adoptive parents and the abducted children have established another kind of family relationship, and if the adoptive parents are severely punished, it will once again tear the child's wounds and make the stable family and social relations unbalanced again.
Logically speaking, Sun Zhuo's adoptive parents " yang grace " really can't be ignored. Sun Zhuo also said, "From childhood to adulthood, his adoptive parents and two sisters treated him very well, and gave him something delicious to eat first", "No matter what, his parents have raised him for more than ten years, and for him now, the feelings of these years are all.".
However, it should also be clearly seen that this "nurturing grace" of Sun Zhuo's adoptive parents is based on the illegal act of buying off children and on the basis of breaking up the flesh and blood affection of others. If we want to let such "nurturing grace" override "birth grace", let the bribed "family affection" replace the real "family affection", and maintain the situation of "mistakes will be wrong", it is unfair to the victim Sun Haiyang's family, and it is extremely cruel.
Legally speaking, it is also legal to take criminal coercive measures against Sun Zhuo's adoptive parents.
According to China's criminal law, the bribery of abducted children has long been sentenced to prison, which is a crime of severe crackdown. However, before November 1, 2015, in order to encourage the families of abducted children to cooperate in rescue, etc., the Criminal Law "opened the net" to stipulate that "if there is no abuse of the purchased child and does not obstruct their rescue, criminal responsibility may not be pursued." ”
However, with the implementation of the Criminal Law Amendment (IX), the above-mentioned "leniency" provision has become "no abuse of the purchased child, and does not hinder his rescue, he can be given a light punishment." This means criminalizing any child who is trafficked in, and this is also to curb the "buyer's market".
Looking at Sun Zhuo's adoptive parents' bribery behavior, although it occurred in 2007, that is, before the implementation of the Criminal Law Amendment (IX), it seems that it can be "from the old to the light".
But it should be noted that this kind of buying behavior of adoptive parents has continued until 2021. According to the Reply of the Supreme People's Procuratorate of December 2, 1998 on the Specific Application of criminal law issues concerning continuing crimes, serial crimes and other crimes of the same kind that have crossed the date of implementation of the revised Criminal Law, if the criminal acts began before the implementation of the new Criminal Law and continued until after the new Criminal Law came into force, they should be treated as crimes that occurred after the new Criminal Law came into effect and the new Criminal Law should be applied.
Therefore, for Sun Zhuo's adoptive parents' behavior of bribing abducted and trafficked children, the "exemption from criminal responsibility" clause in the original criminal law should not be applied, but the "all criminals" clause of the current criminal law should be applied.
Some people may point out that Guo Gangtang, who is quite similar to Sun Haiyang's search for relatives, why have the adoptive parents not been held criminally responsible?
As the prototype of the movie "Lost alone", Guo Gangtang rode a motorcycle with a picture of his son on the road, and became a household name because of the interpretation of star Andy Lau, and he found his own son Guo Xinzhen with the help of the public security organs for 24 years. The reason why the adoptive parents have not been held criminally responsible is because when Guo Xinzhen was abducted and trafficked, there was no "crime of buying and selling women and children" in the criminal law, but only "the crime of abducting and trafficking in human beings", and the "crime of buying and selling" had not yet been carried out.
There is no turn in the world, and the people's hearts are desired. Over the years, from Shen Junliang to Guo Gangtang to Sun Haiyang, behind their successful search for relatives, they are inseparable from the "Search for Children Alliance" and "Baby Home" and other non-governmental forces, and also thanks to the unremitting efforts of legislation, justice, and law enforcement, including legislation "buying and selling the same crime", and the series of abduction operations by public security organs.
Returning to this case, while severely punishing the traffickers, it is reasonable to investigate the legal responsibility of the buyer, increase the cost of the crime of abduction and trafficking, and cut off the criminal chain. Considering that the adoptive parents' family treated Sun Zhuo kindly, did not abuse him, and did not hinder his rescue, it may be advisable to combine the opinions of the victim and make a lenient punishment that conforms to the law and conforms to the will of the people.
Text/Liu Yuting (Legal Scholar) Editor Li Xiaoxiao Proofreader Liu Jun
Duty Editor Gully