Reality is always more magical than fiction. Although the world's big nothing strange, but when the events that are comparable to the dramatization of the TV series appeared in our field of vision, or can not help but express dismay.
"A 20-day-old baby boy was sold for 20,000 dollars."
According to the Jiangmen public security news on October 21, recently, Xinhui public security in-depth promotion of the fight against child trafficking crime "reunion" action, successfully detected a child trafficking case, arrested three suspects, successfully rescued a trafficked child. The case is bizarre in that the child trafficking is the child's biological mother!
Jiangmen Xinhui, Guangdong, Ling (a pseudonym) and workers A Rong (a pseudonym) fell in love, they soon cohabited, and then, Ling found herself pregnant. But the truth is, not only is Ling not single, but she is married with three children.
A Ling promised A Rong that after the birth of his child, he would divorce and return to A Rong's side. When A Rong is full of anticipation ready to meet A Ling and the child's arrival, the bad news suddenly came: the original A Ling early in the child was born in 20 days, the price of 20,000 yuan to sell the child, more incredible, in order to let the child as soon as possible, "cash", A Ling is still waiting for the birth of a buyer to find a buyer. The first thing you need to do is to get your hands on a new one, and you'll be able to do it in a way that's easy for you to understand.
Perhaps some people will ask, "What do you want to do with your own child born in October?
The sale of children requires responsibility
Is the sale of biological children a crime? Is it a criminal offense to buy a child who has been abducted and sold?
First, does trafficking in biological children constitute a crime?
China's Criminal Law stipulates that trafficking in women and children refers to the purpose of selling, abduction, kidnapping, buying, trafficking, transportation, transit, one of the behavior of women and children, that is, constitute the crime of trafficking in women and children.
The relevant provisions also stipulate that "the betrayal of biological children, the public security organs shall confiscate the illegal gains and impose a fine; for profit, the sale of children under the age of fourteen years, the circumstances are bad, the name of the child abduction by adoption, as well as the sale of found children, shall be investigated for the crime of child abduction and sale of criminal responsibility."
Therefore, whether the sale of biological children is a criminal offense, need to examine, mainly to see whether the circumstances are bad and whether the purpose of profit, if it is forced by life custody transfer of children to foster, does not constitute a crime. In this case, if the woman for the purpose of illegal profit, will sell their own biological children to others, constitute the crime of child abduction.
Secondly, is the purchase of a trafficked child criminally liable?
China's Criminal Law provides for the crime of buying trafficked women and children, buying trafficked children, shall be sentenced to less than three years of imprisonment, detention or control.
Children have their own independent personality, not the parents' "private property", not the parents' personal appendages, our law does not allow children to be bought and sold as commodities. Abduction and sale of biological children behavior, will be severely punished by law.
The lawyer said: "their own children want to sell, or want to beat, this is a misunderstanding. After the birth of the child, is an independent individual, parents can not dispose of the child at will, but the child has a legal obligation, such as raising education and other obligations, if the violation, need to bear the relevant legal responsibility."
Is cheating and having a child during marriage considered bigamy?Cheating and having a child does not necessarily constitute bigamy , depending on the circumstances. If it can be proved that he or she has been living with another person in the name of husband and wife for a long time, then it constitutes the crime of bigamy, which is illegal and criminal.
The crime of bigamy refers to the behavior of having a spouse and marrying another person or knowing that another person has a spouse and marrying him or her. The objective aspect of this crime is that the perpetrator must have engaged in bigamy.
Two elements are required to constitute bigamy:
1. One or both parties have a valid marriage relationship.
This is a prerequisite for bigamy. If no marital relationship exists between either of the parties, being unmarried, divorced or widowed, it cannot constitute bigamy.
2. The spouse is married to another person , including two forms:
First, the spouse is registered as married to another person, which is legally bigamy; secondly, although the marriage is not registered, but cohabits with another person in a conjugal relationship, which is de facto bigamy. In reality, de facto bigamy is basically the main form of bigamy.
China's Civil Code legislation is to protect the existing monogamous system, if the spouse hides a party and cohabits with others, belonging to the secret state, can only accept the moral condemnation. If the husband and wife in the name of public cohabitation relationship, suspected of constituting the crime of bigamy.
The rights and interests of children born out of wedlockWhat is the case of children born out of wedlock?
The child who was sold for $20,000 is an "illegitimate child," that is, a child born outside of a marriage. It is a child born to one of the spouses with a third person.
"The child is innocent" is true. That's why Article 1017 of the Civil Code states that children born out of wedlock have the same rights as children born in wedlock. Moreover, the biological father or mother who does not directly support a child born out of wedlock shall be responsible for the maintenance of a minor child or an adult child who is unable to live independently.
Among them, alimony includes living expenses, education expenses, medical expenses, etc.
What is the meaning of "alimony"?
What does it mean? For example: if your spouse A to junior B gave birth to a child C, every month A to B WeChat transfer 10,000 dollars, at the same time note: "to C's living expenses". Then this money, the original spouse is very likely to have to not come back.
So! Knock on the blackboard to draw the point!!! Love doesn't come along very often, and marriage reminders do. No matter what the purpose of marriage, in the event of a mistress, the first property to save. If the spouse has a child with the mistress, first divide the **** with the property, and then go for a divorce.