News

A recent report by anti-trafficking volunteer Shangguan Zhengyi has drawn attention to the alleged sale of birth certificates by Ye, the director of Xiangyang Jianqiao Hospital in Hubei, China. Shangguan Zhengyi claims that buyers need only provide their identity information and pay 96,000 RMB (approximately 15,000 USD), and the hospital will generate a complete set of authentic information, including medical records, prenatal check-ups, hospital stays, childbirth, and discharge, following a "normal" delivery process.

According to lawyer Wang Zichang, the "Birth Medical Certificate" is supervised by the National Health Commission, with unified numbering at the provincial level, serving as a legal document verifying the newborn's birth status and kinship. Falsifying such documents may lead to administrative or even criminal responsibilities.

Administrative Responsibilities:

From an administrative perspective, violating the Maternal and Infant Healthcare Law of the PRC, Article 37 stipulates that individuals engaged in maternal and infant healthcare work who issue false medical certificates or conduct prenatal gender testing face administrative penalties by healthcare institutions or health administrative departments. In severe cases, their professional qualifications may be revoked. However, the responsibility of those involved in the Xiangyang Jianqiao Hospital case likely extends beyond simple administrative consequences.

Criminal Responsibilities:

In judicial practice, despite the new version of the "Birth Medical Certificate" no longer bearing the official seal of national authorities, the act of forging such documents can still be considered forging official documents, a crime according to the Criminal Law of the PRC, Article 280. Depending on factors like the number of forged documents, their purposes, and any resulting adverse effects, the court typically determines the severity of penalties.

In August 2020, the Hunan Provincial Yongzhou Intermediate People's Court issued a ruling upholding the verdict of the Qi Yang County People's Court. The court found that nine individuals, including Wang and Tang, had collaborated to forge over 20 birth medical certificates, leading to convictions with sentences ranging from three years to six months.

Serious Nature of the Incident:

"This incident is extremely heinous; while forging documents is a superficial act, what is more alarming is the possible existence of a child trafficking industry behind it," says JAVY attorney Wang Zichang Esq.

In the case of Xiangyang Jianqiao Hospital, if the individuals involved were aware or should have been aware that the false certificates corresponded to infants who were abducted, providing false birth certificates intentionally could fall under the crime of child trafficking as accomplices.

Mr. Wang suggests, "As rational adults and professional healthcare workers, I personally believe that all individuals involved can fully foresee the potential issues and seriousness behind this matter. Even if direct intent to traffic children cannot be conclusively proven due to insufficient evidence, indirect intent should be recognized legally. Therefore, they should be held accountable as accomplices."

According to Article 240 of the Criminal Law of the PRC, those engaged in child trafficking may face imprisonment of five to ten years, along with fines. In cases involving organized groups or other aggravated circumstances, the penalty may range from ten years to life imprisonment, and in extremely severe cases, the death penalty may be applied.

Need for Comprehensive Management Systems:

While the legal proceedings against individuals involved in the Xiangyang Jianqiao Hospital case will depend on the final investigative results by the police, sentencing recommendations by the prosecutor's office, and the legal judgment by the court, the potential involvement in child trafficking could lead to convictions under both forgery and child trafficking charges.

This widely scrutinized incident not only tarnishes the noble image of healthcare professionals but also complicates law enforcement efforts against upstream child trafficking crimes. By exploiting this case, it is crucial to delve into existing systemic loopholes and comprehensively analyze and enhance relevant regulations to effectively prevent such tragedies in the future.