Recently, "Hangzhou man called from the funeral home: can you write about our genius son" # "Our genius son" The story of the whole network brush screen # made the majority of netizens break the defense, and the love between Jin Xiaoyu and his parents made people cry. But today, "the boy who is looking for relatives decided to sue his biological parents" # Parents abandoned the boy twice to constitute a crime # gave netizens a blow to the head, it turned out that there is not only love and hatred between parents and children.
The 17-year-old boy has become an Internet celebrity online search
On December 6, 2021, a 17-year-old Hebei teenager named Liu Xuezhou posted a video of his family search online.
On December 14, 2021, Kung Fu paid off, and Liu Xuezhou found the phone of his biological father Ding Mou through the online platform. Ding thought it was a fraud, until the police contacted Ding to complete the recognition.
The image comes from the Internet
Liu Xuezhou's family search trip has aroused the discussion of the majority of netizens, Liu Xuezhou received blessings and encouragement from netizens at the same time, but also by netizens questioned, that it is only to "sell miserable" to earn traffic.
But according to conscience, no matter whether Liu Xuezhou "sold misery" or not, he was really miserable!
He was sold by his biological parents at 3 months old and lost his adoptive parents at the age of 4
When Liu Xuezhou was 3 months old, he was sold by his biological parents at a restaurant in Datong, Shanxi for 30,000 yuan, Liu Xuezhou's parents became pregnant before marriage, bought a part of liu Xuezhou's price and his father gave it to his mother as a bride price, but soon his biological parents' marriage broke down, and they all reorganized the family again.
When Xiao Liu Xuezhou was 4 years old, his adoptive parents died unexpectedly due to a fireworks explosion accident, Xiao Liu Xuezhou grew up with his grandparents, it is said that Xiao Liu Xuezhou from the second grade of primary school alone in the county boarding school, but also often because of his own life by classmates bullied.
The miserable teenager was abandoned by his biological parents
I thought that finding my parents was a good thing, but I didn't expect that Liu Xuezhou's biological parents' next operation directly made Liu Xuezhou chill, and chose to go directly to court with his parents!
His biological father called him a "cyber beggar"! Liu Xuezhou's biological father is suspected of posting in the circle of friends that "people set up packaging and sold tragically successfully, in fact, he is an internet beggar." ”
The birth mother blacked it out! It is said that it is because Liu Xuezhou hopes to buy a house in Hebei. But Liu Xuezhou responded during his live broadcast that it was because there was no place to live now, and it was impossible to return to his biological parents' remarried family, so he negotiated with his parents to buy a house or rent a house.
On the 19th, Liu Xuezhou shouted his biological parents on Weibo, "See you in court!" The local justice bureau also responded: help Liu Xuezhou with all our might!
It is also a crime for biological parents to sell their babies: it is life, not commodity
"Selling a biological child in the name of foster adoption" is different from "civil foster behavior". If the biological parents sell their children under the age of 14 for the purpose of illegal profits, they will be suspected of child abduction;
If Liu Xuezhou's claim is true, his biological parents selling their children constitutes the crime of child abduction and trafficking, and according to the criminal law, he will be sentenced to 5-10 years in prison. However, since the act of betrayal has passed more than ten years and exceeded the statute of limitations, although the fact of the crime exists, their criminal responsibility may no longer be pursued.
Article 87 of the Criminal Law [Limitation Period for Prosecution]: The crime shall not be prosecuted after the following period: (2) Where the maximum statutory penalty is five years but not more than 10 years of fixed-term imprisonment, ten years shall elapse.
Article 240 of the Criminal Law [Crimes of Abduction and Trafficking in Women and Children]: Whoever abducts or sells women or children shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined; in any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined or have his property confiscated; if the circumstances are particularly serious, he shall be sentenced to death and shall also be sentenced to confiscation of property.
Opinions on Punishing the Crime of Abduction and Trafficking in Women and Children in Accordance with the Law Whoever sells his or her own children for the purpose of illegal profits shall be punished as the crime of abducting and selling women or children.
Only born and not raised? Beware constitutes the sin of abandonment
If the biological parents do not care about their minor children who are under the age of 18 and have no ability to live, when the circumstances are aggravated, it will constitute the crime of abandonment.
It can be seen that whether the circumstances are heinous or not is an important boundary between the crime of abandonment and non-crime.
In current judicial practice, it is generally considered that the victim's life has been seriously injured, killed or committed suicide as a result of abandonment, the victim has no means of subsistence due to abandonment, is displaced, is forced to be begging on the street, and the perpetrator has repeatedly been educated and refuses to make corrections, thus putting the victim's life in a dangerous situation.
Article 261 of the Criminal Law [Crime of Abandonment]: If an elderly, young, sick or other person who does not have the ability to live independently refuses to provide for an elderly person who has the obligation to provide for him, if the circumstances are heinous, he shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance.
Not committing a crime is also breaking the law: parenting is the basic responsibility of parenting
The parental obligation to raise their children is a statutory obligation. Liu Xuezhou is still an adult, although he wants his parents to buy a house is difficult to support in law, but he also has the right to require his parents to bear the responsibility of support, pay living, education, medical expenses and other maintenance expenses, to ensure his basic and normal life.
Article 1067 of the Civil Code: Minor children or adult children who are unable to live independently in the event of parental failure to perform the duty of maintenance shall have the right to require maintenance from their parents.
<中华人民共和国民法典>Article 42 of the Interpretation of the Marriage and Family Code (I): "Maintenance" referred to in Article 1067 of the Civil Code includes living expenses, education expenses, medical expenses and other expenses for children.
There are many parents who unconditionally love their own flesh and bones, and will never abandon or give up when they encounter various difficulties, but there are also some parents who betray, beat and refuse to raise their children. Liu Xuezhou and his biological parents experienced a brief reunion, but now they have different opinions, and are even about to go to court. The scene of this drama is really happening, and the disparity and ups and downs of fate itself are shocking and resentful.
(Author: Fan Fan, Shi Lemeng, Yingke Law Firm Wang Beibei Lawyer Team)