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2021

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Legal Sheng Bang Lawyer Talks (Summer Series) | Huang Jingyi: From the Prototype of "Lost Orphan" Guo Gangtang to Find His Son and See How the Law Cracks Down on Child Abduction and Trafficking

On July 13, 2021, a news article titled "The son of Guo Gangtang, the prototype of the movie" Lost Alone ", has been found" hit the internet. From 1997 to 2021, a 24 year long search for family members finally came to an end.


On July 13, 2021, a news article titled "The son of Guo Gangtang, the prototype of the movie" Lost Alone ", has been found" hit the internet. From 1997 to 2021, a 24 year long search for family members finally came to an end.

 

Fortunately, after years of wandering, Guo Gangtang finally came to terms with him, leaving him regretful, but not all families who have been abducted and trafficked are so lucky.

 

According to data statistics, left behind children and migrant children are becoming high-risk groups for trafficking. Generally, children who are abducted and trafficked have three outcomes:

 

1. Organs removed for sale;

2. Cultivated as a professional beggar;

3. Sold to families in need of children.

 

For children, the better outcome is being sold to a new family, at least temporarily without worries about their lives, clothing, and food. But we still need to be clear: in our country, whether it is the abduction and trafficking of children or the buying of abducted children, it is a criminal act that violates our criminal law!

 

Firstly, the legal starting point for the crime of trafficking in women and children is imprisonment of not less than five years but not more than ten years. If the circumstances are particularly serious, the death penalty may be imposed.

 

Taking a case in a certain place in Yunnan as an example: In May 2020, Zhang asked the defendant Li Gang to contact and introduce the adoption of a child, and recommended Li's WeChat account to Luo, who wanted to adopt a child due to infertility. Luo told Li that he needed proof of completing the adoption, household registration, and other procedures, and was willing to pay for hard work, nutrition, and other expenses. Li inquired around but couldn't find a suitable child for adoption, so he thought of going to the hospital to steal the baby and sell it to Luo.

 

At around 2am on July 5, 2020, Li went to the Obstetrics and Gynecology Department of the County People's Hospital to steal a 46 hour old baby boy and drove the baby to a county in Sichuan to be given to Luo. He also presented his fabricated foster care certificate and adoption agreement. Luo paid Li RMB 5300. The public security organs concentrated their police force and fought continuously within three days after the incident, traveling between Yunnan and Sichuan to successfully rescue the stolen baby. After being brought to justice, the defendant Li truthfully confessed his crime, pleaded guilty and punished, returned the illegal gains, and compensated the victim for the economic losses caused. In January 2021, the local people's court sentenced the defendant Li to 10 years and 6 months in prison for the crime of child trafficking, and also fined 12000 yuan. (For the purpose of selling, stealing infants and young children is one of the aggravating circumstances of the crime of trafficking in women and children, and the legal starting point is to be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and also to a fine or confiscation of property.)

 

Secondly, according to Article 241, Paragraph 1 of the Criminal Law of the People's Republic of China (hereinafter referred to as the "Criminal Law"), "Whoever buys women or children who have been abducted and trafficked in shall be sentenced to fixed-term imprisonment of not more than three years, detention or public surveillance

 

We need to pay special attention to the fact that in the 2015 "Amendment 9 to the Criminal Law of the People's Republic of China", Amend Article 241, Paragraph 6 of the Criminal Law to read: "Whoever buys a woman or child who has been abducted and trafficked in, and does not engage in any abusive behavior towards the child and does not hinder the rescue of the child, may be given a lighter punishment; whoever, according to the will of the woman, does not obstruct her return to her original place of residence, may be given a lighter or mitigated punishment." In this provision, there is no exemption from punishment. Therefore, even if it is treating abducted women and children kindly, as long as the buying behavior is completed, the buyer cannot escape legal sanctions. Thus, it can be seen that China's legislation strictly prohibits and deeply detests a series of behaviors related to trafficking.

 

During the summer vacation, children leave campus to start their vacation life. According to relevant data, the incidence of trafficking cases will increase to a certain extent during this period. To this end, we call on parents to raise awareness of protection and strengthen efforts to prevent and combat child trafficking.

 

In terms of preventing trafficking, we need to:

 

1. Maintain sufficient vigilance and eliminate the mentality of taking chances.

After the arrest of Chen Lianxiang, a criminal involved in the major trafficking in women and children case arrested in 2010, she faced questioning from the police and said, "Isn't it just a child? They can have another child." In the eyes of traffickers, children are just a commodity, not a living life. Once a child falls into their hands, their fate will inevitably be difficult.

 

2. You can purchase some anti crutch equipment, such as watches and accessories with positioning functions for children.

When going out with a child, it is important to always keep the child's range of activities within one's own sight, especially in crowded places, and to be vigilant at all times.

 

3. We should not lag behind in ideological education.

Many parents educate their children not to walk with strangers or eat food given by strangers, but this is not a completely correct way of education. We should say more directly and clearly to the child, "You can only eat the food given by your parents" and "You can only go with your parents", which will have a better effect. Secondly, it is necessary to establish a correct understanding of the police in children, and not always use "police uncle" to scare children, otherwise children may miss the opportunity to be rescued when facing danger. In addition, it is important for children to establish a sense of putting life safety first. While ensuring their own safety, they should interact with criminals, seek escape opportunities, or promptly call out for help from others.

 

Timely, fast, and accurate ways to seek help after an incident can increase the chances of finding missing children:

 

1. Family members need to contact the responsible department of the venue as soon as possible to search for the child and report to the police, without waiting for 24 hours.

 

2. You can use the "Ten People Four Chasing Method", which involves mobilizing ten relatives and friends to search in four directions. First level rough search, within 2 kilometers, one person in each direction. On the second level, conduct a detailed search within 2 kilometers, and search for the main bus and train stations. Finally, two people, one reporting to the police and the other guarding their homes.

 

3. Utilize various means from the media and government to assist in the search, such as spreading social media and using the "Tuan Yuan" system of the Ministry of Public Security to search, etc.

 

The most important force in combating trafficking crimes lies in everyone in life. When an avalanche occurs, no snowflake is innocent. If everyone is able to do what they can in a timely and courageous manner when suspected trafficking occurs, such as watching, retaining people, reporting to the police, and not being silent spectators, then more families will be spared the pain of parting.