Video loading...
CCTV News (Reporter Sun Xiaoyuan Peng Jun): Recently, in a 14-year search, the protagonist of the film "Dear" Sun Haiyang and his wife were finally reunited with their abducted son Sun Zhuo. At the scene of the confession, Sun Haiyang and his wife hugged their son tightly, crying bitterly, and their emotions were out of control for a while.
Let the lost children find their way home, and the state is also acting. As of November 30, the Ministry of Public Security's "reunion" operation recovered 8,307 abducted children who had disappeared over the years. According to Liu Zhongyi, director of the Criminal Investigation Bureau of the Ministry of Public Security, there have been cases of abduction and trafficking that have been detected for a period of up to 61 years.
There is no turn in the world, which is the wish of many people. At present, the suspect Wu Moumou has been criminally detained, and Sun Zhuo's adoptive parents have been taken corresponding measures in accordance with legal procedures. When everyone was moved to tears for the reunion of Sun Haiyang's family, the question of "whether buying abduction should be the same crime" has once again become the focus of controversy.
In the punishment of the crime of abducting and trafficking in women and children, why can't we "buy abduction and commit the same crime"?
Yu Chong, associate professor and doctor of law at China University of Political Science and Law, said in an interview with CCTV reporters that the main reason for "buying different crimes of abduction" is to maximize the interests of abducted children.
It is necessary to strike a balance between combating abduction and rehabilitation, both to combat the crime of trafficking in children and to be able to effectively protect the interests of trafficked children. If the buyer is subjected to a heavier penalty, the buyer may be desperate to take the risk when the child is about to be rescued.
In this regard, Zhou Chuikun, a lawyer at Beijing Yingke Law Firm, also said that the original exemption clause in the criminal law was set up to reduce the difficulty of rescuing abducted women and children and reduce avoidable escalations.
In addition, in China's traditional society, the social background of the imbalance between the male and female population, the people generally have the concept of passing on the generations, raising children to prevent the elderly, and having successors, which is also the historical root of population trafficking, and some historical problems are difficult to eliminate in the short term.
Before the social environment and the concept of the masses are mature, the promotion of the crime of buying and abducting will not only fail to achieve immediate results, but may also force criminals to a dead end, commit unpredictable and extreme acts against abducted women and children, and even endanger the life safety of abducted children.
In recent years, China has maintained a high-pressure and severe punishment posture for the crime of child abduction and trafficking. In 2015, the Criminal Law Amendment (IX) increased the crackdown on buyers, changing the exemption clause to a "leniency clause" and pursuing criminal liability for criminals who "buy" abducted and trafficked children.
Professor Yu Chong believes that based on practical problems and the protection of abducted children, the punishment for "buyers" has been relatively "strict". Judging from the trial practice, lawyer Zhou Chuikun believes that the people's courts have always adhered to the basic position of strictness in accordance with the law on the crime of child abduction and trafficking.
In September this year, Liu Zhongyi, director of the Criminal Investigation Bureau of the Ministry of Public Security, said at a press conference of the State Council New Office that the number of cases of child theft that attracted much attention from the masses fell to about 20 a year, and the cracking rate reached more than 95%.
(After 14 years of searching for a son, Sun Haiyang's family was finally reunited)
As the last link in the crime, how to judge the "buying" behavior of the adoptive parent?
If you don't buy, you don't sell. As the last link in the crime of child trafficking and the demand side of the transaction, in real life, many people point the finger at the buyer. Some people believe that whether it is reasonable or reasonable, the punishment for buyers is still too light.
In this regard, lawyer Zhou Chuikun believes that based on the social background of our country, some cases also need human care, but these problems are not the burden that the law can bear. What the law is addressing is the precise definition and punishment of the act of human trafficking.
The essence of the crime of trafficking in women and children is the sale and purchase of people as commodities, which seriously violates the physical and mental health of women and children and is also an extreme violation of human dignity.
Professor Yu Chong said that how to judge the "bribery" behavior of adoptive parents needs to be divided into three situations: First, those who actively seek transactions must be severely punished. Second, the children they have born and adopted are willing to be adopted for different reasons, and then they are privately and illegally adopted. In this case, as long as it is possible to admit guilt and accept punishment, there is no abuse, and there is no obstruction to rescue, a certain lenient punishment should also be given. Third, if there are any involved offenders between family members who "bribed", they should also be dealt with as accomplices.
In judicial practice, how to avoid excessive strictness or excessive leniency and truly achieve "blending leniency with severity" requires specific analysis of specific problems. But this common foundation, or common purpose, is certainly aimed at maximizing the protection of the interests of trafficked children.
(In July this year, the protagonist of "Lost Orphans", Guo Gangtang, was finally reunited with his son after 24 years of searching for a son)
If the biological parents of an abducted child choose to forgive, how should their adoptive parents be held accountable?
The Criminal Code includes persons involved in the abduction and trafficking of children in the scope of punishment, including but not limited to any one or more criminal acts of abduction, kidnapping, bribery, trafficking, transportation or transit of children.
From a legal point of view, lawyer Zhou Chuikun said that as long as he is suspected of buying children, it constitutes a crime. Even the treatment of trafficked children, such as biological children, does not change the illegality of the conduct and is punishable as well.
Even if the biological parents choose to forgive in the end, this is only a consideration of the lenient punishment in the sentencing process and does not affect the conviction. If, as the leading member of the trafficking of children, the abduction of more than 3 children or the use of violent means cause injury or death to the child or relatives shall be punishable by the death penalty.
The law is rational and does not judge right and wrong on the basis of emotions and prejudices. Lawyer Zhou Chuikun said that the actual factors are often very complicated, the society gives families without children warm protection and human care, and the law emphasizes the rational punishment of buyers who participate in the crime of child abduction, which complement each other and ultimately put an end to the buyer's market for child trafficking.
As one of the vulnerable groups in society, children have neither the ability to resist nor call for help when they are trafficked, and after a long period of intimidation, abduction and repeated transfers, children have a vague memory, lose their ability to help themselves, and find it difficult to collect evidence related to crime.
However, it is undeniable that any crime is traceable, and any crime will eventually escape justice.