Is it a crime to sell your own son at a clearly marked price? On August 20th, 2005 11,Mr. Li and Tao Zi (pseudonym) in Jiajiang County, Leshan City, Sichuan Province were sentenced to 2 years' imprisonment, suspended for 3 years,1year respectively, and fined 1000 yuan. A year ago, they planned to sell their 4-month-old biological son to others at the price of 1.2 million. After being reported by volunteers, he was arrested by the police. At present, boys are taken care of by grandparents. Mr. Li appealed on the grounds that his son needed to be taken care of and hoped that the child's mother, Tao Zi, would get a suspended sentence. After having children out of wedlock, men and women have not given birth twice in 20 1 1 year. After the divorce, Mr. Li, 34, lived with his 8-year-old son, and gradually developed feelings with Tao Zi, 23, and lived together. At that time, Tao Zi was a young mother with a daughter in her hometown of Ya 'an. She had a bad relationship with her husband, but she didn't get divorced. The two had previously worked in the same factory and met each other, but both denied that their relationship led to the breakdown of Mr. Li's marriage. Tao Zi said that after they got together, they had no plans to have children. In April of 20 13, Tao Zi went to the hospital for examination and found that she was pregnant for three months. Because of Tao Zi's anemia, the doctor did not recommend Tao Zi to have an abortion. The two were still hesitating whether to give birth to the baby. Tao Zi called her mother in Ya 'an. Mother said that Mr. Xu and his wife in Mianyang planned to adopt a child because they were infertile, and suggested that Tao Zi give birth to the child and give it to the couple for support. When he recalled the whole incident again, Tao Zi deeply regretted it. Due to the divorce of her parents, she broke up with her mother before 15 years old, and the relationship between mother and daughter was estranged. At that time, she and Mr. Li intended to get married as soon as possible and raise their children well, but they accepted their mother's advice and got in touch with Mr. Xu. The two sides agreed that the child would be raised by Mr. Xu's family after birth, and Mr. Xu would pay Mr. Li 12000 yuan for nutrition. 20/kloc-June/April, Tao Zi gave birth to a baby boy (a pseudonym) for more than a month, but was told that the Xu family planned to be a "test-tube baby" and would no longer adopt a child. Before Mr. Li had any intention of going back on his word, Mr. Xu introduced another friend, Mr. Lin (a pseudonym), who wanted to adopt a child. This time, Mr. Xu became a bridge between them. Mr. Li has never had a direct dialogue with Mr. Lin. He doesn't even know Mr. Lin's name. In the process of communication, Mr. Xu has been asking Mr. Li how much money he intends to ask, saying that Mr. Lin always seems to be uneasy about Mr. Li's behavior of not asking for money, and he still hopes that Mr. Li will make an offer. Mr. Li asked impatiently and said to Mr. Xu on the phone, "I want 65,438+10,000 yuan. Can he give me 65,438+10,000 yuan?" Mr. Xu offered Mr. Lin 654.38 million yuan as the price, but the other party thought the price was too high and gave up the adoption. Mr. Li repeatedly stressed that he never took the initiative to mention the price issue during the first two times to send the children. Because he thinks it's not illegal to give a child up for adoption. It is illegal to sell children if money is involved. The nutrition fee 12000 yuan was also proposed by xu teacher himself. Although the transaction failed, it broke the psychological bottom line of Mr. Li's free delivery of children. He said that his economic situation has been bad, and he earns up to two or three thousand yuan a month by doing odd jobs. He also needs the help of his parents who farm in the countryside from time to time. His eldest son is going to junior high school, so it's time to spend money. If you can get a sum of money by sending the children out, it is really good for the family. It is also a good thing for the newborn to have a richer family to raise. However, he denied previous media reports that these children were sold to rural areas to build houses. "I will not be at ease living in such a house." Children are priced at 65,438+10,000 online. Kidnapping volunteers does not encourage business. Around April last year, Mr. Lin posted Rui Rui's information to a QQ group about adopting children, and the price was 654.38+10,000. Some people in the group who want to "adopt" their children share their information with each other. This incident caught the attention of a volunteer who has been "diving" in the group for a long time-Cai (a pseudonym). He pretended to be a buyer and got in touch with Mr. Lin through QQ. Through the screenshot of chatting with other buyers sent by Mr. Lin, Zaizai confirmed the authenticity of the information about buying and selling children. According to the routine, as long as the child-child confirms the authenticity of the trafficking information and reports it to the public security organ in time, the child can be rescued. However, Zaizai, who is also a Sichuanese, is still sympathetic to the sale of his own son in his hometown. He decided to go to the local area as a buyer to persuade Mr. Li to give up selling children. Zaizai came to Jiajiang County to meet Mr. Li as promised. At this point, the price of children has risen to 1.2 million. At first, Zaizai kept the identity of the buyer and asked Mr. and Mrs. Li if they would go back on their word and have children after they sold them. Once the children's grandparents know that their children have been sold, will they report it and let them bear legal responsibility? Zaizai wants to stimulate Mr. Li and Tao Zi with such similar questions, hoping to make them soft-hearted and give up selling their children. In the process, Tao Zi cried with her child in her arms, but Mr. Li insisted that she had to sell the child because of the poor economic conditions at home. When Zaizai saw that Mr. Li was determined to sell his children, his own problems made Mr. Li suspicious and he simply clarified his volunteer status. He told Mr. and Mrs. Li that he was actually helping them. If he calls the police directly, they will face heavy punishment. If they are willing to give up selling their children now, they are saving themselves. Knowing the true identity of Zaizai, Mr. Li Can had to give up selling the child and promised to take good care of it. But Zaizai was worried that they would continue to sell their children after they left, so he reported the situation to the local police station. The police station of the police station then controlled Mr. Li and his wife. Both parents were sentenced to take care of the children. According to the verdict, the defendant Tao Zi had an affair with the defendant Mr. Li and was pregnant during his marriage with his ex-husband. Due to the business failure and financial difficulties of the defendant Mr. Li, the two defendants negotiated with Mr. Xu to adopt the child after birth, and Mr. Xu paid the nutrition fee 12000 yuan to the two defendants. Defendant Tao Zi gave birth to a baby boy on February 20 13, but failed to adopt him. Mr. Lin contacted Mr. Li through Mr. Xu and asked to adopt a baby boy. The two defendants demanded 654.38+ten thousand yuan, but Mr. Lin disagreed. Afterwards, Mr. Lin posted the news that the defendant Mr. Li "adopted" the child to a QQ group about adopting the child. After seeing the news, Zaizai contacted the defendant Mr. Li, and the two defendants demanded 6.5438+0.2 million yuan. When Zaizai agreed and arrived in Jiajiang County on April 265.438+0, 2065.438+04 to discuss business, the public security police arrested the two defendants in the hotel. Jiajiang County Court ruled that the defendants, Mr. Li and Tao Zi, betrayed their sons for the purpose of making illegal profits, and their actions constituted a crime of trafficking in children, and the public prosecution agency accused them of being established. Mr. Li and Tao Zi have started to commit crimes, but they failed for reasons other than will. This is crime of trafficking in children's attempt, and the punishment can be mitigated. According to Mr. Li's criminal circumstances and penitence, probation is not in danger of committing another crime, and it has no significant adverse effects on the community where he lives, so probation can be given according to law. Therefore, the court convicted Mr. Li of crime of trafficking in children (attempted), sentenced him to two years' imprisonment, suspended for three years, and fined him RMB 1,000. Tao Zi committed crime of trafficking in children (attempted) and was sentenced to one year's imprisonment and fined RMB 1,000. On July 24th, Tao Zi was arrested by the court and detained in Jiajiang County Detention Center. I met Rui Rui of 1 year and 8 months at Teacher Li's parents. The little guy has learned to walk, can say simple words, and is very close to grandma. Under the care of grandparents, Rarity wears clean clothes and runs in the back of the front room. Rarity's grandmother said that Mr. Li didn't go home often. Rarity was taken care of by the old couple for more than a year. Children are obedient and seldom get sick. Before this, except for Mr. Xu contacted by Tao Zi's mother, they didn't know that Mr. Li was going to sell his grandson. When Grandpa Rarity found out, he also hit Mr. Li, who is 38 years old this year. What bothers Grandpa Rarity most is what the villagers think of him. After the media reported, the villagers were all impressed by Mr. Li's family. Mr. Li's eldest son, who was discriminated against by his classmates at school, had planned to study abroad when he was in high school. Mr. Li found a new job with the help of his friends. Tao Zi spent several weeks in prison. Because he got tuberculosis, he was released on bail and went home for medical treatment. He got a marriage certificate with Mr. Li and handled the marriage well. At present, Mr. Li has contacted a lawyer to appeal, hoping that Tao Zi can also get probation. He said that Rarity was too young to be cared for by her mother. I hope the court will give him a lighter punishment. Although the legal interpretation has not completed the sale, it has also constituted a crime. In this incident, Mr. and Mrs. Li gave people "adoption" on the condition of 6.5438+0.2 million yuan, apparently selling their own children in the name of adoption. According to the laws of our country, whoever sells his own children for the purpose of illegal profit should be punished as the crime of abducting and selling women and children. According to the provisions of the criminal law, whoever abducts and sells women and children shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and fined; Under the circumstances prescribed by law, he shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or even death. However, the court found that the Li couple constituted an attempted crime and could be given a lighter or mitigated punishment according to law. It should be noted here that the attempted crime refers to the fact that the crime has been committed, but it has not succeeded due to reasons other than the will of the offender, and its essence has constituted a crime. Although Mr. and Mrs. Li didn't finish their son's career, they have committed crime of trafficking in children. Accomplished and attempted are the criteria for judging the completed form of a crime rather than whether it constitutes a crime, which only affects sentencing. According to the laws of our country, any unit or individual has the right and obligation to report to the public security organ, the people's procuratorate or the people's court when he discovers criminal facts or criminal suspects. It is true that in order to rescue the abducted children, Zaizai reported the case to the relevant departments after determining the criminal facts or suspects through a series of actions. Jiang Jian believes that this kind of behavior should be recognized and encouraged and does not violate the relevant laws of our country. The Supreme Court issued eight typical cases to punish the crime of abducting and selling women and children. In addition, the newly adopted Criminal Law Amendment (IX) increases the criminal responsibility of buying abducted women and children, even if there is no abuse. This reflects the country's determination to intensify the fight against child trafficking. As for the call for the death penalty for abducting and selling children some time ago, it reflects the public's abhorrence of abducting and selling children, but as legal persons, we should treat this issue rationally. Arbitrary death sentence does not conform to the spiritual connotation of the law. Trafficking in women and children has a long history, and the reasons behind it are complicated. However, punishment is not everything, and the death penalty alone cannot put an end to this phenomenon. If you still have questions in this area, please consult a lawyer, who will provide you with professional answers.
Legal objectivity:
Article 240th of the Criminal Law whoever abducts and sells women and 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; Under 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 confiscated; If the circumstances are especially serious, he shall be sentenced to death and his property shall be confiscated: (1) the ringleader of the group that abducts and sells women and children; (2) Abducting and selling more than three women and children; (3) raping a trafficked woman; (4) luring or forcing trafficked women to engage in prostitution or selling trafficked women to others for forced prostitution; (5) Kidnapping women and children by violence, coercion or anesthesia for the purpose of selling; (6) Stealing infants and young children for the purpose of selling; (7) Causing serious injury, death or other serious consequences to abducted women, children or their relatives; (8) Trafficking women and children abroad. Abduction and trafficking in women and children refers to one of the acts of abducting, kidnapping, buying, selling, picking up and transferring women and children for the purpose of selling.