A man actually sold his biological son for 150,000 yuan. What kind of punishment will he receive for this kind of behavior?

Sold his biological son for 158,000 yuan, posted photos of large amounts of cash to show off on his WeChat friends, and traveled around in a leisurely manner. Xie from Wuxing City has been arrested and brought to justice. After seeing this information, netizens commented: How could God put human skin on this thing that is worse than a beast! 1. Case: A two-and-a-half-year-old boy was sold by his biological father!

Ms. Back to the kids.

1. According to Ms. Xie, after her nephew Jiajia was born, her brother and sister-in-law divorced due to emotional discord. The niece was taken away by her sister-in-law, and the nephew was left with his brother. My brother works in Changshu, Jiangsu Province all year round, and the child is raised by her uncle and the child's grandmother. On April 10, Ms. Xie's brother Xie suddenly came home and said that the child's mother wanted to see the child, so he took the child away.

2. After more than ten days, the family did not see the child coming back, so they called Xie, but could not get through. I called the child’s mother, who said she had never seen the child at all. Family members learned from acquaintances that after Xie returned to his hometown, he brought back a lot of cash and posted photos on WeChat to show off. The more the child's uncle and grandmother thought about it, the more they felt something was wrong. They suspected that the child had been sold by the new father and hurriedly called the police.

3. After the Wuxing police opened the case for investigation, they found that Xie not only posted a large amount of cash in his WeChat Moments, but also posted photos of travels. The police investigating the case chased him from Zhejiang to Guizhou, and from Guizhou to Hunan. The police chased him to Hunan, and he traveled to Jiangxi again. Just like that, the police drove and chased him for more than 1,200 kilometers, and finally arrested Xie in Jiangsu.

4. Facing the police interrogation, Xie quickly confessed the crime of selling his biological son Jiajia to Huang for 158,000 yuan. Because he couldn't make money, he often quarreled with his current wife. Xie went crazy thinking about money, so he came up with the idea of ??having his own son. Prior to this, Xie had given his two daughters to others for adoption due to difficulties in life, and then gave his son to others, which was a familiar process.

5. While working in Changshu, he heard that Huang from Changshu wanted to adopt a child for his daughter and son-in-law. Huang's daughter and son-in-law have been childless for six years after being married. After examination, it was found that it was due to his daughter's health. In order to give his daughter a complete home, Huang asked around if there was anyone who could adopt a child. This information gave Xie the idea of ????making a fortune, and he secretly deceived the child from his hometown and gave it to Huang. If life is difficult, giving the child to others to find a good future for the child is a helpless and excusable act. The key is that he sold his son. After some bargaining, Xie and Huang finally reached an agreement at a price of 158,000 yuan. In order to cover up the fact that the child was sold, the two parties signed the agreement without mentioning any money.

6. With Xie’s identification, the police will soon find Huang and rescue the child. Xie and Huang were criminally detained by the police on suspicion of committing a crime. 2. Why does selling one’s own children constitute the crime of child trafficking?

At this point, everyone may not understand. Xie did not "abduct" other people's children, but only "sold" his own children. Why does this constitute the crime of child abduction?

1. To be honest, when this law was first formulated, we did not consider the evil of human nature. We only thought of bad people abducting other people’s children. We did not expect that there would be people who would give birth to children and then sell them to children for money. someone else’s. In order to combat the behavior of selling one's own children for money, a relevant judicial interpretation was later issued, stipulating that those who sell their biological children for illegal profits should also be punished as child abduction.

According to the provisions of the "Opinions on Punishing the Crime of Abduction and Trafficking of Women and Children in accordance with the Law" jointly issued by the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of Justice on March 15, 2010: "For illegal profits, For the purpose, those who sell their biological children should be punished as abducting women and children."

It is not objectionable for the biological parents to charge some nutritional fees for raising children. Because most families who give their children to others for adoption are in financial difficulty, it is reasonable to charge some fees to alleviate the family's difficulties to a certain extent. Furthermore, the adoptive family is also eager to use "money" to implement the act of placing the child for adoption to prevent the fostering party from regretting it. There is no unified standard for how much of a fee is "reasonable" and needs to be determined based on the family financial status of both parties.

2. The adopter is guilty of purchasing the abducted child. Our country's criminal law was the first to include the crime of "bribing abducted children". Bribing abducted children did not originally constitute a crime. At that time, the purchasers considered were mostly buying incense for "goodwill" without much malicious intent. Secondly, it was also to protect the safety of abducted children and prevent the purchaser from harming the children in order to cover up the crime. As the crime of child trafficking became rampant, it was established as a crime. In this case, Huang's behavior of bribing children constituted the crime of bribing abducted children, but he did not harm or abuse the children, nor did he hinder the rescue. He may be given a lighter punishment, but he will not be exempted from punishment.

Article 241 of the Criminal Law: Anyone who bribes abducted women or children shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance.

Whoever bribes abducted women or children, illegally deprives or restricts their personal freedom, or commits criminal acts such as injury or insult, shall be convicted and punished in accordance with the relevant provisions of this law.

Whoever purchases abducted women or children and commits the criminal acts specified in paragraphs 2 and 3 shall be punished in accordance with the provisions of concurrent punishment for multiple crimes.

Anyone who buys abducted women or children, does not abuse the children and does not hinder their rescue, may be given a lighter punishment. 3. Regulations on placement for adoption

In this case, Xie, as the guardian of his biological son, has the right to place his son for adoption to others. If there is no "selling" in this case, but only "giving" and after legal registration, the child's grandmother has no way to recover the child.

1. Legal adoption requires registration. After the adoption law is implemented, adoptions that are not registered with the civil affairs department are not protected by the law. In this case, Huang's adoption of the child was an illegal adoption. Moreover, the police will not register the children without corresponding birth certificates. Even if the police do not uncover the case, they will continue to have troubles in the future.

2. It is recommended to use in vitro fertilization to give birth. Now that IVF technology is quite mature, couples with fertility problems should try this method to have their own children, and there are corresponding domestic legal systems to protect it. Those who are not suitable for in vitro fertilization can also be adopted through legal institutions such as welfare homes. Don't try to solve family problems by illegally adopting or buying and selling children. In the end, you will end up spending money and not getting a child, and you will be punished. Written at the end:

In order to prevent this inhumane father from giving his child away to others and evading his responsibilities as a father, the child's grandmother or uncle should sue the court to change the child's custody. After the custody rights are changed, even if the child's father secretly gives the child away, it will be an invalid act. It would be great if there were laws to prohibit such scumbags from getting married and having children again! Unfortunately, our country does not have such legal provisions.

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