China News Service, Beijing, December 11 (Peng Ningling) In 2007, Sun Zhuo, then 4, was abducted at the door of his own Baozipu in Baishizhou, Shenzhen.

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

After another 7 years, Sun Haiyang finally found his son.

  The long way to find a child has come home, and people can't help but be moved by the embrace between father and son at that moment.

However, when the media reported that Sun Zhuo intends to live with his adoptive parents, netizens could not understand or accept it. Some people said that Sun Zhuo had no distinction between right and wrong, some said he had no brains, and some even speculated that he was just "sucking blood" for the two families.

  Trafficking in women and children is an illegal crime, and everyone hates it deeply, but people seem to ignore that children are the most innocent victims among them. The abduction and trafficking together changed his life trajectory. It takes time and space to digest this huge change.

Source: Sun Ocean Weibo

Another child who does not want to go home,

lawyer: Buyer ≠ adoptive parents

  On December 6, the Ministry of Public Security organized the "Reunion" campaign to recognize relatives in Shenzhen, Guangdong Province, and reunited three groups of families.

After 14 years and 57 days, Sun Haiyang found his son.

  Met each other, went home, and had a reunion dinner. Netizens witnessed the life of Sun Haiyang's family for a few days.

However, in an interview with the media, Sun Zhuo said that he "will not stay with his biological parents" aroused heated discussion among netizens.

  Some netizens said, “Families whose children are abducted by human traffickers will lose their children twice, once when they are abducted and once when they are found.”

  Previously, Guo Gangtang, the prototype of the movie "Lost Orphans," had been looking for a child for 24 years. His son Guo Xinzhen found him, but he chose to return to his adoptive parents.

Fu Jiantao, who has been frequently compared with Sun Zhuo in recent days and is called "sober in the world" by netizens, also asked his mother if he could issue a letter of understanding to his adoptive parents.

  Children’s feelings towards “adoptive parents” are puzzling. People think they are just buyers.

  Psychology expert He Rihui said that the kidnapped children are victims from beginning to end. Both biological parents and adoptive parents play an important role in their lives. The outside world should respect and understand the parties’ choices. The emotional connection with his biological parents is broken. He and his adoptive parents have feelings."

  "Children are the most innocent and absolute victims. This kind of entanglement is completely understandable. However, legally speaking, the relationship between adoptive parents must be established on the basis of legal adoption, and the buyer cannot be called a'adoptive parent'. Said An Xiang, director of Beijing Dexiang Law Firm and deputy director of the Civil Law Committee of the Beijing Bar Association.

  An Xiang believes that raising a child knowing it is abducted and selling, or raising a child knowing that the source of the child is unknown, is still a “stolen adoption” and is not a legal adoption relationship.

In An Xiang's view, children are undoubtedly the biggest victims in trafficking cases, but children are not the only victims of such cases.

  "The victim obviously also includes his parents. In addition, this type of case also damages normal family relations and social order. The criminal law not only resolves the legal relationship between the two parties involved, but more importantly, clarifies the social relationship and gives the society The behavior should be delineated, so that criminal behaviors can receive due legal sanctions, deter such crimes, and let the children of the whole society live in safety."

Is it possible to buy and sell the same crime?

  The kidnapping of children has always been abhorrent.

In addition to traffickers, there is a lot of voice on the Internet about "the same crime of trafficking in children".

  In recent years, the state has expressed a clear direction to severely punish the buying and selling of abducted children.

  According to the 1997 Criminal Law, if the buyer does not torture or obstruct rescue, it is "possible" not to pursue criminal responsibility.

In August 2015, the Criminal Law Amendment (9) amended the clauses on the buying of abducted women and children. According to the new regulations, if the buyer does not abuse or hinder rescue, he can be given a lighter punishment.

  Some legal experts have said in this regard, “From the earliest exemption from criminal responsibility, to the (amendment) conviction and exemption from punishment at the first instance, and now the lighter punishment can not be mitigated and cannot be exempted. In fact, it is a (to the buyer). ) The process of increasing penalties."

  According to the law, the crime of abducting and trafficking in women and children is currently provided with a fixed-term imprisonment of more than 5 years, the most serious can lead to the death penalty, and the upper limit for the crime of buying abducted women and children is 3 years in prison.

  In reality, many buyers have not been held criminally responsible.

A search on the China Judgment Documents website also found that in many cases involving trafficking, the sellers were mostly sentenced to actual sentences, while many buyers who were held criminally liable were only sentenced to probation.

  An Xiang believes that in the past, legislation focused on cracking down on the abductor, while the penalty for the buying party was lower. Perhaps it was because of the reduction of the obstacles for the public security organs to rescue women and children who were trafficked.

With the advancement of new theories and changes in the social environment, such as the deployment of police forces, various informatization, advanced transportation, etc., legislation can consider making appropriate adjustments to increase the sentencing standards at both ends of the transaction from the perspective of crime, responsibility and punishment. It is more conducive to combating trafficking.

  An Xiang supports the "sale of the same crime."

In An Xiang's view, from the perspective of the transaction process, "no buying, no abduction", market demand has spawned a large number of child abduction cases, and buying and selling are legally accomplices.

"In future legislation, it may be possible to consider the use of accomplices in trafficking. According to the specific circumstances, the punishment will be lighter than that of trafficking. In addition, whether to increase the financial compensation of the kidnapped party's children and parents is also worth considering."

  Guo Xiaoming, a lawyer at the Shanghai Zhonglian (Chengdu) Law Firm, has also stated that the call for "sales and purchases of the same crime" has a certain degree of reality and rationality.

"If no one wants to buy children, then the traffickers will lose the market. To some extent, the people who buy are more hateful than the people who traffickers."

  Guo Xiaoming believes that in law, premeditated buying, instigating, and helping abducted children are still buying. Children who know they are abducted are still buying. The behavior of child abduction is equivalent in nature, subjective malignancy, and degree of harm.

Therefore, at the legislative level, it is necessary to consider the public’s simple concept of justice, and to gradually promote the “commitment of trafficking in children” in light of the actual situation and specific circumstances.

  In addition to criminal law handling, lawyers believe that society should also form a joint prevention and cracking down on trafficking in ideas and atmosphere, including relevant administrative departments, such as the public security, to strengthen household registration management and other aspects.

The scene of an acknowledgment ceremony.

Photo courtesy of Hangzhou Binjiang Public Security Bureau

Do not cause secondary harm to the victim child

  It is worth mentioning that, in addition to legal and moral condemnation, society still needs to give up more space for kidnapped children.

  After Sun Zhuo intends to return to his adoptive parents to live on the hot search, in the past few days, the topic centered on Sun Zhuo has never stopped.

"Sun Zhuo expressed that he did not want his adoptive parents to be sentenced" "Sun Zhuo has never had a hatred of his adoptive parents" "Sun Zhuo talked about the parents on both sides can’t say which one is more important"...

  Some people understand this, but many netizens also said: What is the point of finding such a child?

Some people even commented under "Sun Zhuo said that his grades are good and want to take the 211 colleges": It doesn't matter whether it is right or wrong, and the brain is broken, what else should I take for 211?

  Similar comments are surprising.

According to reports, Sun Zhuo didn't know that he was abducted and trafficked. In his memory, his "adoptive parents" were also very good to him, and he could get everything he wanted.

The incidents of beating and scolding children that often occur in other people's homes have never happened to him.

Humans are not machines. It is conceivable that for Sun Zhuo, this is a sudden change in life.

  People can distinguish between love and hatred under the hot search terms, and they can condemn buyers from a high degree of law and morality. But now, as netizens said, let an 18-year-old kid go and give him time to digest his emotions and accept the facts.

  "The child is a victim. Let him study quietly and go to college, give him a stable and peaceful life, and don't cause him any secondary harm." (End)