The prototype of “Lost Orphans” at the scene of confession, Guo Gangtang handed his son to his wife: this time you love him so much
On July 13, the Ministry of Public Security held a press conference in Beijing to introduce in detail the detection of the kidnapping case of the son of the prototype of the movie “Lost Orphan”. According to reports, on July 11, the public security organs of Shandong and Henan held a ceremony for the family of Guo Gangtang and Guo Xinzhen in Liaocheng, Shandong Province. After 24 years of separation, the family was finally reunited.
In the follow-up records of Guo Gangtang before his confession released by the host Chen Luyu, Guo Gangtang and his wife said that it is not important to change the name of the child and that they will fully respect the child’s wishes and walk around the child’s adoptive parents as relatives.
Behind the excitement and joy is the dilemma of law and morality. On the one hand, there are biological parents whose blood is thicker than water, and on the other hand are adoptive parents who work hard. How will the abducted child balance the relationship between the two parties? How will biological parents get along with adoptive parents? What legal responsibilities should adoptive parents bear?
Red Star News reporters combed through previous cases of abduction and found that the abducted children have different choices. Some of them have already married and established a business, looking for a balance in getting along with their biological parents and adoptive parents; some are under adults and return to their adoptive parents after confessing. , Has not yet decided who will live with in the future, and some people choose to return to their biological parents…
On July 13, Red Star News reporters had a dialogue with “Abduction Lawyer” Zhang Zhiwei and “Human Trafficker Mei Auntie” Victim Shen Mou, the second-instance lawyer Fu Jian, to understand the legal and moral dilemmas faced by the biological parents and adoptive parents of abducted children, and reveal the abducted children The perplexity and confusion after confession.
Zhang Zhiwei believes that although there are very few biological parents who will hold their adoptive parents accountable, it is difficult for both parties to live together peacefully. “The adoptive parents feel that they have worked hard to raise their children, and the biological parents feel that the adoptive parents have separated themselves.” Zhang Zhiwei said.
Fu Jian said that more than half of the abducted children will choose to return to their original families, but there are relatively few cases where the biological parents hold the foster parents accountable, Fu Jian said.
Red Star News:After acknowledging their relatives, will the abducted children choose to return to their original families or continue to live with their adoptive parents?
Zhang Zhiwei:Most of the abducted children were found as adults. Before they reach adulthood, children are less likely to be found, because these children may be unaware of their life experience. Even if he knew, he would not dare to find relatives, because he felt that he could not face the original family, nor could he face the family of adoptive parents, he would be afraid of social blame. Therefore, many children go to find their relatives after they have grown up, or after they get married, and even the search for relatives is carried out secretly.
When he is an adult, it is difficult to determine which party he belongs to because he is already relatively independent. Most people choose to walk on both sides to support both parents.
If a minor is found, the child will generally be returned to the biological parents. In many cases, the police can only find abducted children and adoptive families, but cannot find their biological parents. In the beginning, the police would let the child continue to live in the adoptive family, but required the adoptive parents not to abuse the child. Once the child’s biological parents were found, the child must be returned immediately. Later, the Ministry of Public Security and the Civil Affairs Department reached an agreement that once the abducted children were found, they would be sent to the local child welfare agency and returned after the original family was found. Therefore, underage children basically have no right to choose.
↑Guo Gangtang said that he will fully respect the children’s wishes and walk around the children’s adoptive parents as relatives.According to media reports, the luck of the misfortune is that the child is doing well and has gone to college.
Red Star News:What are the legal responsibilities of adoptive parents who take the initiative to purchase a kidnapped child?
Zhang Zhiwei:The crime of buying abducted women and children is normally punishable by fixed-term imprisonment of not more than three years. Of course, there is a special stipulation that if the child is not abused and rescue is not hindered, the punishment can be lightened.
In the past, most of the (adoptive parents who bought the kidnapped child) were not held accountable. Now, after the criminal law amendment is amended, the criminal responsibility is basically to be investigated.
Red Star News:Even if the biological parents do not hold the adoptive parents accountable, will the accountability procedure be initiated by law?
Zhang Zhiwei:Yes, this is criminal responsibility, which is initiated by the judicial organs.
But this must also consider the stability of the society, and the impact should not be too great. Although in many cases, the entire adoptive family will participate in the transaction, the public security organs will generally only hold the main responsible person accountable, and others will not hold it accountable.
In addition, the pursuit of responsibility is often handled in a relatively moderate manner such as detention and probation, such as initial detention and release on bail pending trial at a later stage.
Red Star News:In real life, are there many biological parents who are held accountable? If the biological parents are not held accountable, will the adoptive parents be compensated?
Zhang Zhiwei:Rarely. I don’t seem to have heard of (adoptive parents) compensation for (biological parents).
Red Star News:In most cases of trafficking, after the child is found, how will the biological parents and adoptive parents get along?
Zhang Zhiwei:Generally speaking, both sides must hate each other in their hearts. From the perspective of adoptive parents, they don’t feel that they owe the child’s biological parents. Many people even feel that the child was abducted and sold by traffickers and put in a sack. If it weren’t for me to spend money to save him, he now I don’t know where I went yet. I have worked hard to raise him as my own child for more than ten years. Now you say take it away and take it away. What should I do? Adoptive parents will have this mentality.
↑Guo Gangtang rode a motorcycle around many places, spanning hundreds of thousands of kilometers in search of children.
However, from the perspective of biological parents, they will feel that their adoptive parents bought their own children and separated them from flesh and blood. However, they also have to consider the child’s feelings. The child has feelings for the adoptive parents. In order not to harm the child, the biological parents will not advocate accountability. Of course, most cases have passed the criminal liability prosecution period.
Red Star News:What is the general attitude of the child in this kind of abduction case?
Zhang Zhiwei:Children’s attitudes will be strange, and their feelings and decisions will vary from person to person, depending on the relationship between the child and the adoptive parents. Some children get along well with their adoptive parents, and their adoptive parents treat him very well, so he will pay special attention to the feelings of the adoptive parents.
Some children do not get along well with their adoptive parents. In real life, this proportion is relatively high. I found that many children (traced and trafficked) will vaguely feel that they are different from other children, and may not be biological, so the relationship with the family is not very good, and the family will not pay special attention to him. Sooner or later, I think this kind of child Will leave. The growth of these children is not particularly good, and they will be more rebellious in the later stage. After being found, they may not be so oriented towards their adoptive parents.
In addition, people sometimes seek profit and consider their personal interests. For example, if the adoptive parents have bought a house for the child, the child will face a very real problem. If he recognizes his biological parents, what happens when the adoptive parents ask for a refund? do? This group of children are very afraid of this kind of thing, so they will be more entangled in the handling of this matter.
“Aunt Mei” case lawyer Fu Jian: More than half of the abducted children return to their original families
Red Star News:Generally speaking, after acknowledging their relatives, will the abducted children choose to return to their original families or continue to live with their adoptive parents? What percentage of children choose to return to their original families?
Fu Jian:From the data point of view, the proportion of abducted children who choose to return to their original families may be more than half. Because some of the abducted children live in poor living conditions with their adoptive parents and are often abused. On the other hand, they also show filial piety to their biological parents. The biological parents and children are a kind of mutual compensation for family affection. More people will choose to return to their original families.
↑In the “Aunt Mei case”, after reuniting with his son, the son-seeking father Shen Junliang said that he promised his son not to hold his adoptive parents accountable.
Red Star News:What are the legal responsibilities of adoptive parents who take the initiative to purchase a kidnapped child?
Fu Jian:According to my country’s latest “Criminal Law” on the crime of buying a kidnapped child, buying a kidnapped child may be sentenced to fixed-term imprisonment, criminal detention or surveillance of up to three years. However, if the kidnapped child is bought, there is no abuse of the kidnapped child, and the rescue of the kidnapped child is not hindered, a lighter punishment may be proposed.
Red Star News:Are there biological parents who hold the foster parents accountable? What is the approximate proportion?
Fu Jian:There are cases where the biological parents hold the adoptive parents to blame, but more biological parents will still point the finger at the suspect, because in contrast, their children have lived with their adoptive parents for a long time, and some are even a few. Ten years, so there are relatively few cases where biological parents hold their adoptive parents accountable. What I know may only account for about 20%.
Red Star News:If the biological parents are held accountable, how will the adoptive parents be punished?
Fu Jian:According to the law, serious criminal penalties may be imposed, such as the crime of buying a kidnapped child and child abuse may also constitute a separate crime. In civil cases, certain compensation may be required.
Red Star News:If the biological parents are not held accountable, how will the adoptive parents generally compensate the biological parents? Will there be some emotional compensation or financial compensation?
Fu Jian:The general situation is more spiritual comfort and financial compensation. It may be that there will be frequent contacts with relatives later, and some spiritual comfort money will be provided. However, depending on the specific circumstances of the child being abducted, there are also cases where the biological parents are grateful to the adoptive parents for raising their children.
Red Star News:In most cases of trafficking, after the child is found, how do the biological parents and adoptive parents get along?
Fu Jian:In many cases, it is to get along with relatives. After all, the child and adoptive parents have lived for many years, and the relationship foundation is still relatively strong. On the other hand, the biological parents will also love the house and the child when they miss the child, and there will be many biological parents from the bottom of their hearts. Here thank the adoptive parents for their kindness in nurturing their children. Therefore, the two sides still have frequent contacts after the child finds it.
Red Star News:What is the general attitude of children in such incidents? What kind of worries and worries will there be?
Fu Jian:In such incidents, children are usually surprised and moved by their biological parents on the one hand, and on the other hand they are grateful to their adoptive parents, so they will encounter certain entanglements and contradictions. The main concern and trouble may be whether to adapt to the life of the original family. In addition, the child may have a compensatory psychology to the biological parents, but the adoptive parents also have the gift of nurturing the child, and he may not have enough energy and time to take care of the parents on both sides.
Red Star News reporter Chen Qingyuan, intern Lin Qianbing
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