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«——[·Case Summary·] ——»
Bao's mother Li just gave birth, and soon came out to work, providing special services for special customers, not only making herself comfortable, but also earning a lot of commission. But the child was waiting to be fed at home and ate milk powder. The child thinks: "My food, to whom?" ”
Soon after Li and Yang got married, Li became pregnant, and during the pregnancy, Yang bought Li a lot of delicious and nutritious food, which led to Li having a lot of milk after giving birth.
Because of the arrival of two young couples, one cannot work, and one needs to support three people when they work, and the pressure of life at home becomes greater for a while.
Later, through Zhang's introduction, Li knew something that only pregnant mothers can do. That is, "selling breast milk", Li could not accept his own milk for others to drink at first.
Zhang is a second-hand dealer who collects breast milk and sells breast milk, and there are some pregnant mothers under his hands who are doing body transactions, in short, Zhang is using pregnant mothers and breast milk to make money.
But later, Li's own children couldn't drink so much, and her husband Yang couldn't always suck it out for himself. I often have milk swelling, which makes my chest hurt and my mood becomes irritable.
In order to reduce the financial pressure on the family and relieve the pain caused by milk increase, Li promised Zhang to sell his own milk.
Every day, I sucked out the excess milk with a breast pump, put it in a bag, put it in the refrigerator and put it on ice, and Zhang would call someone to get it. Li can get 300 yuan a day, which is a lot of income in a month.
Some people will ask, who will buy these other people's breast milk?
It turned out that Zhang and her team had developed some customers, including elderly people, who thought that drinking breast milk was nutritious and they could live a few more years.
There are also some parents who raise babies, because the mother's milk is not enough, they have to buy other people's milk for their children, because for children, breast milk is the most nutritious in the first few months.
Some of the remaining customers, that is, those with special proclivities, they just like to drink breast milk, like that feeling, it can also be said that it is a psychological problem and even a perversion.
Li saw that the income brought by selling breast milk was far more than her husband Yang, so he asked Yang to buy milk powder for his son to drink, and his own breast milk was sold.
Yang did not dare to go against his wife's decision, because he did not earn much and had no family status, and now he could not support the family at all, so he could only choose to obey.
On this day, Zhang came to collect milk by himself, looking at Li's slim figure although pregnant, Sister Zhang pulled Li to the side and said: "I have a customer who doesn't want to drink this frozen milk, he wants to drink milk on the spot, I'll give you one thousand and five in half an hour, okay." ”
When Li heard this, he was able to do this thing in half an hour, and who to feed is not to feed, it should be fed to his husband. Half an hour passed as soon as I endured it, and I had to earn money for the sake of my children.
In this way, Li went to see the customer Sun, and Sun saw that Li still had a stylish figure, and felt that Zhang had done a really good job this time, and gave Zhang a tip of 200 yuan.
Later, Sun asked Li to sit on the bed, lie in Li's arms, and eat and touch one by himself. Li has had a very tormented life in the past half hour, and he is not a wooden person, and he will also react.
Half an hour finally passed, and Sun gave Li a thousand five hundred yuan and said, "If you can, I'll let you feed it next time, but you can think about it, let's play something else, I'll add money to you." ”
Li did not refuse or agree, and after Sun left, Zhang came in and said: "Sister, Boss Sun is a rich man, he likes this nanny, and he thinks that he can be young after drinking breast milk." Usually also generous, not bad money at all. ”
Zhang felt Sun's interest in Li, and wanted to persuade Li to take a step further, to serve Sun, and to earn another sum from it.
Listening to Zhang's words, Li thought in his heart that he is very short of money now, and in the future, his children will eat and wear, and go to school are all places where money is used, so it is better to take advantage of his special now and earn more money. It is nothing more than a matter between a man and a woman, and he can accept it himself.
After thinking about it, Li and Zhang said: "Sister, the next time Boss Sun comes, you still call me, and I will serve him." Listening to Li's words, Zhang was overjoyed, Sun is his own God of Wealth, as long as he serves him well, he can make money in the future.
Two days later, Sun found Zhang again, Zhang called Li over, Zhang left the room very familiarly, and after Sun let Li feed himself for a while, his hand began to touch Li dishonestly.
Li also felt Sun's hand roaming on his body, thinking that he had already come out to sell, so don't be pretentious.
After Sun's incitement, the two naturally fell on the bed and had a relationship.
Since then, Sun has come to Li every two days, and Li has also promised that there are many nurses like himself under Zhang, most of whom come out to do this kind of thing because of the poor conditions at home.
Li's husband Yang also noticed that his wife was no longer simply selling breast milk, and he also persuaded Li during the period, but Li chose to continue working for the future of his children.
What Zhang did, although hidden, was also discovered by reporter Zhou, who saw Zhang's advertisement in a community.
After reporter Zhou contacted Zhang, he found out that Zhang was engaged in this kind of business, and in order to know more insiders, reporter Zhou planned to take risks and investigate deeply.
Reporter Zhou turned into a customer, first after spending a few breast milk at a high price here in Zhou, seeing that the time was ripe, Reporter Zhou decided to put forward the need to have a relationship with the nanny.
Zhang did not suspect reporter Zhou at all, and when he saw the business coming, Zhang agreed on a time and place with reporter Zhou. After meeting with Zhang, reporter Zhou went deep with the WeChat camera.
Under the leadership of Zhang, reporter Zhou entered the house where he usually picked up customers, and when passing other rooms, reporter Zhou heard the sound of gasping one after another.
When he came to his room, reporter Zhou saw Li. Entering the room, Li said: "Eat first or exercise while eating." Reporter Zhou was a little surprised, how did they let go.
Reporter Zhou excused himself to go out, used the camera to film the situation in other rooms, and finally gave Li money directly, and left.
With these materials, reporter Zhou directly handed it over to the police, and the police also formulated an arrest plan at the first time, and sent out the police to kill Zhang's gang.
Reporter Zhou also exposed the inside story of Zhang's gang's trading on the Internet, and the human milk trading was criticized and condemned by the majority of netizens.
«——[·Interpretation of the Law by Case.]——»
In this case, Zhang bought and sold human milk, and even used the special group of Baoma to do body trading, which violated morality and law. Let's dive into the legal issues.
According to the Reply of the Legal Supervision Department of the Ministry of Health on 19 May 2000 on the Approval of the Department of Legal Supervision of the Ministry of Health that Human Breast Milk Cannot Be Operated as a Commodity, human breast milk is not a general food resource and cannot be produced and operated as a commodity.
Therefore, Zhang's act of peddling human breast milk is illegal and suspected of illegal operation.
According to Article 225 of the Criminal Law of the People's Republic of China, the crime of illegal business operation refers to the violation of national regulations.
Those who engage in any of the following illegal business conduct, disrupting market order, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall be fined not less than one time but not more than five times the unlawful gains concurrently or individually.
where the circumstances are particularly serious, they shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined between one and five times the unlawful gains or have their property confiscated: operating franchises, monopoly articles or other items restricted from trading as provided for by laws and administrative regulations without permission; Buying and selling import and export licenses, certificates of import and export origin, and other business licenses or approval documents provided by laws and administrative regulations; Illegally operating securities, futures or insurance business without the approval of the relevant competent departments of the state, or illegally engaging in fund payment and settlement business; Other illegal business activities that seriously disrupt the market order.
In summary, Zhang's behavior violated mainland law and should be severely punished.
Prostitution refers to the act of sexual intercourse between unspecified same-sex or opposite-sex persons using money or property as the medium. Prostitution and prostitution are prohibited by law on the mainland and are illegal.
Li's paid relationship with Sun belongs to prostitution.
According to Article 66 of the Mainland Public Security Administration Punishment Law: whoever engages in prostitution or shall be detained for not less than 10 days but not more than 15 days, and may also be fined up to 5,000 yuan; where the circumstances are minor, they shall be detained for up to 5 days or fined up to 500 yuan.
Whoever solicits solicits solicits prostitutes in a public place shall be detained for up to 5 days or fined up to 500 yuan.
Sister Zhang organized Baoma to sell her body for profit because it was the crime of organizing prostitution.
The crime of organizing prostitution refers to the act of gathering and controlling multiple people to engage in prostitution by means such as recruitment, hiring, inducement, and accommodation.
According to the relevant laws and regulations of the mainland, whoever commits this crime shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined.
Where the circumstances are serious, the person who organizes the prostitution of others 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, they shall be sentenced to life imprisonment and confiscation of property.
In addition, we need to discuss the question, why is the simple sale of human milk not allowed by mainland law?
That's because breast milk that has not undergone a health test can carry the virus that consumers can infect after drinking it, such as AIDS.
Moreover, buying and selling breast milk may seriously affect the social climate, after all, it is not a transaction that can be taken to the table.
Breast milk is the product of women's fertility, but also the source of spreading love and life, human enlightenment and growth comes from breast milk, rejection of illegal trade is the most basic respect for life, do not let the black hands of illegal trade reach the pure source of life growth. #Lawyer to help##Headline Formation Program##头条创作挑战赛#
The above is only a personal opinion, criticism and correction are welcome.
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