After successfully looking for relatives online, 17-year-old Liu Xuezhou from Xingtai, Hebei claimed that he was blocked by his biological mother due to housing problems.

On January 18, Liu Xuezhou posted on Weibo, "Is it wrong for me to ask them for a home of my own?"

  On January 19, Liu Xuezhou once again said on Weibo that he would sue his biological parents.

That night, Liu Xuezhou told The Paper (www.thepaper.cn) that he was preparing for legal procedures to sue his biological parents.

During this period of time, he lived in the room he rented. The next step is to call the police, hoping that the judicial authorities will criminally prosecute his biological parents, and "hope to prosecute for child abduction and abandonment."

  In an interview with the media, Liu Xuezhou's biological mother said that she and Liu Xuezhou's biological father each had their own family. After they recognized their parents, Liu Xuezhou "forced" them to buy a house and posted the recording of the conversation on the Internet, which caused them to be attacked by the Internet. Blocking Liu Xuezhou wanted to live a peaceful life. .

  Liu Xuezhou said he did not force his biological parents to buy him a house, he just hoped they could provide a place to live.

"What I wanted at that time was a place to live, because when I came back from their side, I was walking down the street with my luggage, and there was nothing I could do." Liu Xuezhou said, even if his biological parents didn't buy him a house, "rent a one-bedroom, one-bedroom apartment. house, no matter where it is.”

  On the same day, The Paper called Liu Xuezhou's biological father, Ding Mou, many times, but the call was not connected as of press time.

  Did the behavior of Liu Xuezhou's biological parents constitute a crime?

What rights can Liu Xuezhou claim to his biological parents?

The Paper interviewed a number of lawyers in this regard.

  After finding his biological parents, he was "blocked" by his biological mother

  According to previous reports by Jimu News, on December 6, 2021, Liu Xuezhou posted a video of his relatives searching online.

In the video, he claimed to be from Xingtai, Hebei, and was born between 2004 and 2006. Because his parents gave birth to him when he was unmarried, when he was three months old, his adoptive parents bought him from a hotel in Datong, Shanxi.

On December 15, 2021, the police in Linfen, Shanxi found Liu Xuezhou's biological father through DNA comparison.

On December 27, 2021, Liu Xuezhou met his biological father, Ding Mou, in Shijiazhuang.

In early January 2022, Liu Xuezhou went to Inner Mongolia to see his biological mother again.

  Liu Xuezhou said that after the death of his adoptive parents due to the explosion of fireworks, he lived with his grandparents at the age of 4, and his grandparents would also pay for child support.

Today, he is studying in a college in Hebei, and he usually works part-time. Although it is hard, he can basically provide for his study and living needs.

  On January 16, 2022, Liu Xuezhou posted that he was pulled into the WeChat blacklist by his biological mother, which once again attracted the attention of netizens.

  According to media reports, Liu Xuezhou said that he was "blocked" because he asked his parents to buy him a house or rent a house in order to have a home. As a result, his biological parents called him "unconscionable" and a "white-eyed wolf".

  In this regard, some netizens supported Liu Xuezhou and expressed understanding, and some netizens questioned his inappropriate behavior of asking his parents for a house.

  Liu Xuezhou's biological mother, Ms. Zhang, said in an interview with the media that she gave birth to the child without the consent of her family, and then gave the child to others without financial support.

As for whether she ever received money, she said: "They didn't tell us to give us money, and we didn't tell the other party to ask for money. They gave us money that they said was to buy a nutritional supplement. The most important thing was that we didn't support him at that time ( Liu Xuezhou) ability.”

  Regarding the blacklisting of Liu Xuezhou, Ms. Zhang said that she just wanted to regain a peaceful life. She and Liu Xuezhou's biological father got married, "Originally, our economy is limited, and we don't have the ability now. He forced us to buy a house and ignore us. The parents are also heartbroken.”

  What rights can Liu Xuezhou claim to his biological parents?

  How to evaluate the behavior of Liu Xuezhou's biological parents from a legal perspective?

What rights can Liu Xuezhou claim to his biological parents?

  On January 20, Zhu Chaoyu, a lawyer from Beijing Jingshi (Shanghai) Law Firm, analyzed to The Paper that Liu Xuezhou's biological parents were suspected of abandoning the crime.

The crime of abandonment usually refers to failing to fulfill the obligation of support, which is a passive inaction. If Liu Xuezhou’s parents sold their children to others, it would be equivalent to evading the obligation of support in disguise, and in a broad sense, it also meets the requirements for abandonment.

However, according to the Criminal Law, the maximum sentence for the crime of abandonment is 5 years in prison, so the statute of limitations for prosecution is 10 years, which has now expired.

  Lawyer Zhu Chaoyu said that if Liu Xuezhou's biological parents deliberately sold Liu Xuezhou to others for profit, they would be suspected of child trafficking.

And if Liu Xuezhou's biological mother said that the "nutrition fee" that year was charged, it depends on the size of the amount. If only a little financial compensation is charged, the purpose is to find someone to raise the child, it is not a crime of child abduction.

"The criterion for judging abduction and trafficking is whether his parents were for profit-making purposes. Specifically, it must be considered in combination with the background at that time and the price of the sale."

  Ding Jinkun, a lawyer from Shanghai Dabang Law Firm, believes that according to Liu Xuezhou's statement, his biological parents may be suspected of abducting and selling children, or they may be suspected of abandoning them.

At present, abandonment is more obvious, but the crime of abandonment in the criminal law has passed the statute of limitations for criminal prosecution and will not be investigated.

The state of abandonment in civil law continues.

According to civil law, biological parents have the duty to raise their children.

If parents abandon their children, and the children are raised by others in good faith, for example, if they are picked up and raised, others have the right to claim support from their biological parents.

  Zhang Zhiwei, director of the Center for International Cooperation and Protection against Human Trafficking at China University of Political Science and Law, known as a "trafficking lawyer", told The Paper that Liu Xuezhou's situation is more complicated.

"After all, there were de facto supporters in the early years, namely Liu Xuezhou's adoptive parents, so there was no alimony issue. However, Zhang Zhiwei said that Liu Xuezhou could sue the court in a civil case to require his biological parents to fulfill their support obligations.

  Another lawyer said in an interview with the media that Liu Xuezhou is currently only 17 years old. If his biological parents ignore him, his behavior will be suspected of abandoning him.

In addition, Liu Xuezhou can claim that his biological parents should pay for his support from the age of 4 (the death of his adoptive parents) to the age of 18. "Now that Liu Xuezhou has found his biological parents, his biological parents should bear the maintenance obligations stipulated by the law."

  The Paper reporter Yu Yan and intern Hu Yuanyuan

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