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Is it a crime for a boy to be "abandoned" after a successful search for relatives?

author:Globe.com

Source: China News Network

Is it a crime for a boy to be "abandoned" after a successful search for relatives?

"All this was caused by my birth parents selling me, was it wrong for me to ask them for a home of my own?"

At the end of last year, the incident of "Hebei Xingtai boy Liu Xuezhou looking for relatives" attracted widespread attention, and more than 20 days after searching for relatives, Liu Xuezhou successfully searched for relatives with the help of the police.

However, things did not come to a happy end. On January 17, Liu Xuezhou said that he was "blocked" by his birth mother's WeChat and then "abandoned".

Family search

"Hello everyone, my name is Liu Xuezhou, I want to look for my biological parents..." At the end of 2021, Hebei boy Liu Xuezhou posted his own family search video online.

Liu Xuezhou said he was probably born between 2004 and 2006. About three months after birth, the adoptive parents bought it from An intermediary in Datong, Shanxi. However, when he was four years old, his adoptive parents died unexpectedly. So he grew up with his grandparents and grandparents, and the old people were very kind to him and provided for Liu Xuezhou to go to school so far.

He said that he is in good health, does not have any disease or disability, and is now 1 meter 85 tall, looking for relatives is not to get financial support, he can support himself.

It is reported that in 2020, Liu Xuezhou was admitted to Hebei Shijiazhuang Law and Commerce Vocational School and chose the major of preschool education.

Is it a crime for a boy to be "abandoned" after a successful search for relatives?

After the search video was sent, Liu Xuezhou's experience received the attention of many netizens.

On December 14, 2021, the elderly in the family flipped to a vaccine book of that year, which had Liu Xuezhou's real name "Ding Jing" and the name of his biological father. Subsequently, Liu Xuezhou found his father's phone through online search, but after dialing, the other party thought it was a liar and hung up the phone.

On December 15, police in Linfen, Shanxi Province, found Liu Xuezhou's biological father through DNA comparison.

On December 27, Liu Xuezhou met his father, Mr. Ding, in Shijiazhuang.

In early January this year, Liu Xuezhou traveled to Inner Mongolia to meet his mother. On January 10, he posted a photo with his mother online, saying: Today is a happy "little friend".

Is it a crime for a boy to be "abandoned" after a successful search for relatives?

Liu Xuezhou meets with his mother Image source: Jimu News

Blocked by his birth mother

On January 17, Liu Xuezhou revealed that he was abandoned by his biological parents and was "blocked" by his birth mother.

As for the reason for being blocked, Liu Xuezhou said that it was because in order to have a home, he asked his parents to buy him a house or rent a house, and he was scolded by his parents for having no conscience and was a white-eyed wolf.

He also said that his parents gave birth to him when they were unmarried, and after selling him that year, the money became a dowry for his parents when they got married.

"When I knew that you had received money and used that money as a dowry for your marriage, I told myself in my heart that I must not forgive you..." Liu Xuezhou wrote on social media platforms.

Ms. Zhang, Liu Xuezhou's birth mother, said that after recognizing her relatives, she wanted to make up for her children, and they had borrowed money to let their children travel to Sanya. Unexpectedly, Liu Xuezhou repeatedly asked them to buy a house for them, and also threatened their biological parents to divorce separately, which affected the lives of the two families. She said that the parents failed to fulfill their responsibilities of support, but the financial conditions were limited, and she hoped that the children would understand.

Is it a crime for a boy to be "abandoned" after a successful search for relatives?

Liu Xuezhou said he was blocked by his mother Image source: Liu Xuezhou social platform

In this regard, netizens have different views, some people think that although Liu Xuezhou deserves sympathy, many statements contradict themselves, and they rush to buy a house after a month of recognition. Some netizens also expressed support for his approach, believing that his parents abandoned him first and deserved to be accused.

Liu Xuezhou said on social platforms that he wanted his parents to buy a house or rent a house for him, first, because he had no place to live, and second, he hoped to have his own home.

In the early morning of the 18th, he posted a photo of the house, which was dilapidated and overgrown with grass. He said, "This is my current home, how do I go about living there?" "Is it all because my birth parents sold me, so is it wrong for me to ask them for a home of my own?"

"See you in court!"

In the live broadcast, Liu Xuezhou hoped to get legal aid to change the current situation, "It will take a long time to fight the lawsuit." If you don't fight a lawsuit, next year's tuition fees may be enough, but you still need to consider your future life. ”

In the early morning of the 19th, Liu Xuezhou posted again: I had planned to give up (civil litigation), but you blamed yourself, reversed black and white, and did not realize your mistake at all, then, very sorry! See you in court!

So did Liu Xuezhou's biological parents constitute a crime?

According to Jimu News, Yuan Erchao, a lawyer at Henan Yiqian Law Firm, said that parents' support for their children is an obligation entrusted by society and stipulated by national law. It is both a social obligation and a legal obligation, and according to article 261 of the Criminal Code of the Mainland, the abandonment of a child under the age of 18 who is incapable of living may constitute the crime of abandonment. Liu Xuezhou is only 17 years old, and if his biological parents ignore him, his behavior will be suspected of abandonment.

Liu Xuezhou said that his parents sold him to others and used it as a dowry for a profit of 3,000 yuan. Lawyer Yuan Erchao said that according to the law, even if the biological parents sell their children for profit, they are suspected of constituting the crime of abducting women and children. The law also has a determination of this crime, if only a little financial compensation is collected, find someone to raise children, it is not counted as the crime of abduction of women and children; if the amount is higher, it can be found to constitute a crime. If you know that another person is a trafficker and sell it to someone else and make a profit, it is also suspected of constituting the crime of abducting women and children.

Lawyer Yuan Erchao suggested that Liu Xuezhou could claim that his biological parents should bear the maintenance of his 4 (adoptive parents died) to 18 years old, "Now that Liu Xuezhou has found his biological parents, his biological parents should bear the maintenance obligations stipulated by law." ”

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