A few days ago, the latest progress was made in the case of girls being molested at Nanjing South Railway Station. The Nanjing South Railway Station Police Station of Nanjing Railway Public Security Bureau released a message confirming that Duan Moumou had been criminally detained on suspicion of child molestation. The victim girl is Duan's parents' adopted daughter. Duan's parents are also under investigation. Some netizens said: "For this adopted daughter, the state must find a way, otherwise it will be treated badly in that family." The Ministry of Civil Affairs is highly concerned about this case and is learning to verify related issues.
In fact, the legal level has long arranged for the placement of "adopted daughters" that netizens are worried about. Whether it is adoptive parents or biological parents, if they can't guarantee the legitimate rights and interests of minors, they may be revoked custody.
20 14 12 The Ministry of Civil Affairs, together with the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security, jointly issued the Opinions on Several Issues Concerning Handling Cases of Guardians Infringeing the Rights and Interests of Minors according to Law. The primary significance of "Opinions" is to activate the legal provisions of "revocation of detention". According to the Opinions, the people's court may decide to revoke the guardian qualification of the respondent under one of seven circumstances, including "sexual assault, betrayal, abandonment, abuse and violence, which seriously damages the physical and mental health of minors".
As adopters, if Duan's parents are proved to connive at their own children's "adopted daughters", they will naturally be dissolved from the adoption relationship, their custody rights will be revoked, and even they will be punished by the law of "* * *". On the other hand, some lawyers pointed out that Article 6 of China's Adoption Law explicitly requires adopters to have no children, and Duan's parents may not be qualified for adoption. At present, the civil affairs department has investigated and verified the adoption relationship and other related issues. Even if the final investigation shows that it is a "legal adoption", the reflection left behind is still heavy.
The sensational case of "foster mother beating a boy" in Nanjing that year was a legal adoption. The child's parents adopted the boy to his cousin through legal channels, because his family was poor and his cousin's family was "childless". This case reveals that in the adoption procedure, pre-trial is emphasized and follow-up is ignored. In fact, in the adoption laws and regulations of our country, there is no mention about who will implement the legal adoption procedures and how to implement the follow-up supervision. After the case occurred, the relevant person in charge of the Nanjing Civil Affairs Bureau revealed that at present, the adopted families abandoned by welfare homes have basically been evaluated, scored and followed up, while the civil affairs department rarely pays a return visit to the adopted families whose relatives have reached an agreement.
20 13 Nanjing civil affairs department issued the "detailed rules for the implementation of family evaluation of adopted children in Nanjing", which made detailed provisions on adoption evaluation and post-adoption return visit, and there was also a one-vote veto system for some special circumstances. At that time, Nanjing, as the first batch of pilot adoption evaluation areas in China, issued this implementation rule, but it was not a "hard lever" at the legal level, nor did it cover all types of adoption. Under the current legal system, sometimes the civil affairs department is just a "middle bridge" between the adopter and the adoptive family, and problems such as abuse and abandonment in adoption need the intervention of the public security and judicial departments.
In other words, it is difficult for children to enter the "attention line" of the civil affairs department after completing the adoption procedures. Again, it's often because of bad news. The case of child abuse in Nanjing is that the teacher reported that the child was "scarred". The incident of "molesting girls in Nanjing South Railway Station" was also reported online after it was discovered in public places.
A similar tragedy is not entirely inevitable. This requires that the pilot "adoption evaluation" scheme be fully promoted, and at the same time, the "evaluation return visit system" should be covered to all adopted groups in the adoption laws and regulations, and it should be promoted to a "hard lever" at the legal level. In this way, the relevant departments can decide the ownership of the adoption right according to the specific living conditions of the children in the adoptive family.
Those who abuse and violate the rights and interests of adopted children should be resolutely punished by law to ensure the healthy growth of children and reduce the occurrence of tragedies.