China News Service, Beijing, June 16 (Reporter Yuan Xiuyue) Sun Haiyang once again entered the public eye, this time because of a sentencing recommendation from the prosecution - Wu Moulong, the suspect in the abduction case of Sun Zhuo, was recommended to be sentenced 5 years in prison.

  Kidnapped two children for 14 years, and the suspect was only recommended to be sentenced to five years?

The matter quickly sparked heated discussions online.

What is the legal basis for the proposed sentencing?

Why are the punishments different for child abduction and child abduction?

Weibo screenshot

Sun Haiyang believes that the sentencing recommendation is too light

Want to sue for 5 million yuan

  In 2007, 4-year-old Sun Zhuo was abducted from the door of his own steamed bun in Baishizhou, Shenzhen.

Seven years later, the story of a family search based on Sun Zhuo's father Sun Haiyang was adapted into the movie "Dear" and released.

Another 7 years, in 2021, Sun Haiyang finally found his son.

  Today, Sun Haiyang is once again the focus of public opinion. On June 14, he posted a sentencing recommendation from the prosecution on social platforms.

  The proposal shows that the defendant Wu Moulong is suspected of kidnapping children and Wu Mouguang is suspected of harboring and covering up the crime. After review by this court, the defendants Wu Moulong and Wu Mouguang have violated the Criminal Law of the People's Republic of China. According to Articles 262 and 310, the facts of the crime are clear and the evidence is indeed sufficient, and they should be investigated for their criminal responsibility for the crime of kidnapping a child, harboring, and covering up, respectively.

In view of the bad nature of the defendant Wu Moulong abducting two children, it is recommended that he be sentenced to five years in prison; in view of the fact that the defendant Wu Mouguang is a recidivist, it is recommended that the defendant Wu Mouguang be sentenced to two years and six months in prison.

  "Abducting a child will bring great harm to parents and even the whole family, and the social impact is also very bad, and they have abducted two children for 14 years." Sun Haiyang said, he believes that such Sentencing recommendations are too light.

  Sun Haiyang told the media that he consulted a lawyer and learned that the prosecution also recommended sentencing in accordance with the law, because the police did not find that Wu Moulong was guilty of abduction and trafficking, but only confirmed the crime of abduction, which can only be sent according to existing laws.

  He is going to file a civil lawsuit against Wu Moulong, claiming compensation of 5 million yuan including mental damages.

"I don't care how much he can pay, I just hope he can get the severe punishment he deserves."

Data map: The scene of a marriage recognition ceremony.

Photo courtesy of Hangzhou Binjiang Public Security

What is the difference between child abduction and child abduction?

  This matter aroused heated discussion among netizens.

Some netizens said, "After looking for the child for more than ten years, in the end, the traffickers were sentenced for many years before they were found."

Some netizens asked questions. Both kidnapping and abduction are stealing children from their parents, and there is no difference to the victim's family. Why is the sentencing different?

  An Xiang, director of Beijing Dexiang Law Firm, told a reporter from Chinanews.com that according to the current legal provisions, those who abduct and traffic women and children should be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years, and a fine.

If there are special circumstances, it can be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or even the death penalty. Serious injury, death or other serious consequences of their relatives, etc.

But the general abduction and trafficking are sentencing within five to ten years.

  The crime of child abduction refers to the abduction of minors under the age of 14 to separate them from their families or guardians, and shall be sentenced to fixed-term imprisonment of not more than five years.

For child abduction crimes, five years is the upper limit of sentencing, while for child abduction crimes, five years is the lower limit of sentencing.

  How to determine whether it is "trafficking" or "trafficking"?

An Xiang explained that the abduction of women and children is for the purpose of betrayal, and acts such as abduction, kidnapping, buying, selling, picking up and transferring women and children are carried out.

The crime of child abduction is not for the purpose of selling or trading. Usually, children are abducted to raise and inherit children as their own children, or to allow children to do some work for themselves, to enslave children, etc.

This is the legislative difference between the two.

  In practice, it is necessary to distinguish between "trafficking" and "trafficking". The first is to see whether there is any behavior of selling objectively, such as whether there is contact with the upper and lower homes, buying and selling transactions, etc. It is not necessary to actually generate transactions, as long as relevant activities are carried out.

The other is to see whether there is a subjective purpose of betrayal. Usually, the judgment is based on the confession of the criminal suspect.

  "In this case, it is very likely that the public security organs and the procuratorial organs did not seize the evidence that the other party committed the abduction and trafficking for the purpose of betrayal. Therefore, in the end, the relatively light crime of child abduction can only be used as the basis for conviction and sentencing recommendations." Xiang said.

Data map: The scene of a marriage recognition ceremony.

Photo courtesy of Jingkou Branch of Zhenjiang Public Security Bureau

"There is no crutch in the world", what else should we do?

  One word difference, the sentencing is very different.

Ruan Qilin, a professor of criminal law at China University of Political Science and Law, once reminded the public that the crime of child abduction should be distinguished from the crime of child abduction.

Taking the case of Fu Jiantao as an example, if the statement that "the traffickers gave them to others to support them" is true in this case, then the case should be a child abduction case.

  An Xiang believes that whether it is "abduction and trafficking" or "abduction", the behavior may include some behaviors such as illegal detention, kidnapping, etc. that cause harm, and the objects of violation are all abducted children.

The criminal acts have severely hit the victims and their families mentally, destroying the connection between the Chinese people's most cherished kinship.

From the perspective of adapting the criminal law to culpability and punishment, the current crackdown is not enough to deter relevant behaviors, nor is it enough to match the social harm and subjective malignancy caused by their behaviors. It is recommended to increase the punishment for child abduction crimes in the future. strength.

  In addition, in addition to traffickers, during the two sessions this year, many deputies suggested that we should start daily to achieve "normalized anti-trafficking".

For example, the local public security organs are strictly responsible for household registration management, so that the abducted women and children cannot settle in the local area and cannot apply for household registration; strengthen the census of abducted women and children, and eliminate the "buyer's market".

  There are also experts and scholars who believe that the statutory sentence for the crime of buying abducted and trafficked women and children should be raised.

  Zhang Baoyan, deputy to the National People's Congress and founder of the "Baby Home" Xunzi.com, said that the sentence for the buyer should not be lower than the sentence for the crime of abducting women and children.

She also suggested that criminals, including buyers, be held accountable for life.

  "From the point of view of the transaction process, 'there is no abduction without buying'. The market demand has spawned a large number of cases of child abduction. Buying and selling are legally accomplices." An Xiang believes that in the past, the party that focused on cracking down on abduction and trafficking in legislation, The sentencing of the buying party is lower, perhaps because the public security organs will reduce the obstacles to rescue the abducted and trafficked women and children.

  With the progress of new theories and changes in the social environment, such as the deployment of police force, various information technology, and the development of transportation, the legislation can consider making appropriate adjustments, and improve the sentencing standards at both ends of the transaction based on the perspective of culpability and punishment. It is more conducive to combating trafficking.

(Finish)