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Summary

If Sun Haiyang in 2021 brings us laughter and tears, then Liu Xuezhou in early 2022 will leave us with endless regrets and thoughts. How criminal law can consolidate the bottom line of social morality, and how Liu Xuezhou-style groups can be effectively protected by law, deserves every legal person to think deeply.

   1. What is the Sin of Abandonment?

Article 261 of the "Criminal Law" stipulates: "The crime of abandonment refers to the refusal to support the old, young, sick or other persons who do not have the ability to live independently. If the circumstances are serious, the sentence will be fixed-term imprisonment of not more than five years, criminal detention or public surveillance."

The Marriage Law stipulates that parents have the legal obligation to raise and educate their children. Therefore, the criminal subject of the crime of abandonment and the victim of this crime have a legal obligation relationship based on blood relationship or a proposed blood relationship. In particular, blood relatives and fictitious blood relatives establish the closest relationship between the right holder and the creditor. The victims are often younger, or due to various factors such as physical, intellectual, cultural, etc., it is more difficult to obtain evidence and investigate the crime of abandonment, and it is more difficult to prosecute privately.

At the cost of his life, Liu Xuezhou uncovered the bloody human tragedy of the crime of abandonment. The law should warm and illuminate every Liu Xuezhou-style confused person with its unique temperature.

2. Legal Responsibilities of Liu Xuezhou's Biological Parents

01. Liu's father and Liu's mother are suspected of child trafficking

According to media reports, Liu Xuezhou's self-report and others' statements can probably be restored. Liu Xuezhou was sold as a commodity by his biological parents. Child abduction is a criminal crime. Liu's father and Liu's mother have been suspected of child abduction and trafficking. Even if the statute of limitations has passed, their behavior is still a crime.

02. Liu's father and Liu's mother are suspected of abandoning the crime

First of all, it is the legal obligation of parents to raise and educate their children.

On the basis of blood relationship, biological parents undertake the legal obligation to raise and educate minor children. Therefore, Liu Xuezhou's biological parents have inescapable legal support and education obligations and responsibilities for him.

Secondly, Liu Xuezhou needs the support of his parents.

According to media reports, Liu Xuezhou is 15 years old. As a minor, he has neither an independent economic foundation nor an independent source of income. After he found his biological parents, the adoptive parental relationship and its extended social relationship based on the crime of child abduction could no longer become Liu Xuezhou's legal material and spiritual support.

Based on the natural relationship of blood relatives, biological parents must undertake legal upbringing and education obligations. What's more, Liu Xuezhou's biological parents sold it as a commodity and failed to fulfill any obligation to support and educate him for many years. And the ill-fated Liu Xuezhou has never felt the love of a father and a mother, let alone how to get along with his father and mother. Liu Xuezhou's biological parents were cold in nature. After the divorce, they formed a new family. There were various interpersonal contradictions. These contradictions were exposed to the public through the Internet. Liu Xuezhou's biological parents cut off again through the extreme method of blocking. For Liu Xuezhou, the connection between the two parties is tantamount to a second betrayal. This is also why there is conflicting information that Liu Xuezhou wants to sue and then does not sue his biological parents.

In the face of the second betrayal of family affection and violent cyber violence, Liu Xuezhou, who was just over 15 years old, was ups and downs between family affection, ethics, and law. His emotions were empty in remorse, resentment, and despair, and he resolutely finished his life.

Liu Xuezhou's biological parents, criminals who abducted and sold children, once again committed the crime of abandoning their blood relatives. This minor, who once wanted to take up the legal weapon, put down everything and gave up himself after feeling no warmth at all.

3. What should the law and society do for child abduction and abandonment crimes?  

The complex identity relationship of abandonment crime determines that the judicial organs are more passive when they actively intervene in such cases. As mentioned above, behind closed doors, the criminals and the offenders are the same family. However, in the case of Liu Xuezhou, we should see the lack of actions of schools, society and law enforcement.

01. Schools should give full play to their role as safe havens

The occurrence and development of the Liu Xuezhou incident, the school should not lose its voice. Under the circumstance that it has become a hot spot of public opinion, the school Liu Xuezhou attends should be more proactive in caring for and caring for its students, guiding students to correctly handle complex family, ethical and legal relationships, even if they are qualified listeners. However, unfortunately, the school not only lost its voice, but also was absent.

02. The judiciary should actively and accurately punish crimes

The judiciary should not only have the heart of a bodhisattva to rescue the abducted and trafficked children, but also have an angry look at the criminals who sell their souls. Specifically in the case of Liu Xuezhou, the public security organ should file a case for investigation into the crime of child abduction and trafficking suspected by Liu Xuezhou's biological parents, and the procuratorial organ should issue judicial recommendations in accordance with the law. The judicial act itself can correct the evil of Liu Xuezhou's parents' human nature to the greatest extent, and can also avoid the recurrence of the crime of abandonment to the greatest extent. Every justice is the best legal education.

03. Society should give more help

A student at school, a 15-year-old flowery teenager, when Liu Xuezhou's family search case has become a public event, the Women's Federation, Youth Federation, Civil Affairs and other departments should not be spectators, but should play their respective functions. A phone call can save a life.

04. Lower the threshold for private prosecution of desertion crimes

The crime of abandonment raises a very special ethical relationship. It is difficult to obtain evidence, it is difficult for the public security organs to file a case, and because it is a criminal case that can be prosecuted privately, it is even more difficult to file a case. Both sides can manage, often resulting in a situation in which both sides ignore each other and blame each other. It is recommended to appropriately lower the threshold for private prosecution and to better protect the legitimate rights and interests of the abandoned.

05. Public security, procuratorial, legal and legal aid agencies should establish a linkage mechanism

The protection of minors in our country's laws has been relatively complete. The public security law and legal aid agencies have protection mechanisms for minors. However, the above-mentioned mechanisms mostly target juvenile crimes, and relatively few target juvenile victims. In view of the fragmentation of the starting mechanism and the relatively small protection norms for minor victims, a linkage mechanism for the protection of minor victims should be established, based on legal aid, the procuratorate for minor circumstances will issue judicial advice, and the public security organ will file a case for investigation of the offender. linkage mechanism. Establish a long-term mechanism for information sharing, division of labor and cooperation among the above-mentioned institutions to maximize the protection of the legitimate rights and interests of minors.

The law is strong, but also warm. I am delighted to see that the Datong Public Security and other judicial organs have taken action. Justice will triumph over evil! Only strict law enforcement can better protect minors who should be protected.

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Statement:

This article was originally created by lawyers of JAVY Law Firm, and only represents the author's own views, and should not be regarded as a formal legal opinion or suggestion issued by JAVY Law Firm or its lawyers. If you need to reprint or quote any content of this article, please indicate the source.