In reality, parents occasionally betray their children. Is this a crime? Deng, a criminal lawyer in Guangzhou, believes that the answer to this question cannot be generalized. Whoever directly sells his own children for the purpose of illegal profits shall be punished as the crime of abducting and selling women and children. However, how to distinguish between selling one's own children in the name of adoption and folk adoption? This is a problem worth studying.
The key to the distinction lies in whether the actor has the purpose of illegal profit. We should comprehensively judge whether the actor has the purpose of making illegal profits by examining the background and reasons for "sending" his children to him, whether to collect and how much money, whether the other party has the purpose of raising and whether he has the ability to raise them.
According to the relevant judicial interpretation, in any of the following circumstances, it can be considered as selling one's own children, and it should be punished as the crime of abducting and selling women and children: (1) Selling children after giving birth as an illegal means of profit; (2) "giving" children to others for money, knowing that the other party has no purpose of raising, or whether the other party has a purpose of raising; (3) "giving" a child to another person for the purpose of collecting a huge sum of money that obviously does not belong to "nutrition fee" or "thank you fee"; (4) Other "adoption" behaviors that can reflect the actor's illegal profit-making purpose.
It is not for the purpose of illegal profit, but because of the influence of life difficulties or son preference, privately giving children who can't live independently to others for raising, including collecting a small amount of "nutrition fee" and "thank you fee", which belongs to folk adoption and cannot be punished as crime of trafficking in women and children. If children's physical and mental health is seriously damaged due to unauthorized adoption, or if there are other bad circumstances that meet the characteristics of abandonment, they can be punished for abandonment; If the circumstances are obviously minor and the harm is not great, the public security organ may give administrative punishment according to law.