Railway station obscene girl case: not sure whether the adoption is legal
beiqingwang· 2017-08-16 06:15:48
net exposure man molesting girls public police involved in the investigation of
"event recently, NanJing South Railway Station man molesting girls" caused widespread concern netizens. August 15th, the Nanjing railway police issued a notice that the suspect has been in Henan, Huaxian Moumou (18 years old) arrested. After investigation, the girl's daughter or daughter's parents. For users questioned whether certain parents have adopted girls qualification, Henan Anyang Huaxian staff said that at present the relevant departments have established a joint investigation team, further proof remains to be further investigated. The Beijing lawyer said, men's parents or do not have the qualifications to adopt, someone's man is a crime, and was a child daughter independent identity.
of someone's man has been jingfangxingju
8 12, micro-blog released "writer Chen Lan" said the NanJing South Railway Station waiting room, wearing a dress girl sitting in a 20 year old man on the leg, the man put his hand into the girls' clothes, on the implementation of indecency. And sitting next to his colleagues, middle-aged man did not stop. NanJing South Railway Station men molesting girls incident, causing widespread concern users.
8 15, new developments have taken place. Nanjing railway police issued a notice: after thorough investigation, in August 14th in Henan, Huaxian, the suspect section of Moumou (male, 18 years old) arrested. According to the survey, two of its peers were members of a certain parent and the girl was adopted by the parents. At present, the Nanjing railway police on the basis of verification of the facts, on suspicion of "child molestation crimes" paragraph of certain criminal detention, according to paragraph of parents are investigating according to law.
bulletin also said that the railway police actively coordinate local authorities to properly settle the victims of girls, and effectively protect their legitimate rights and interests. In view of the case involving minors, the police once again calls upon the majority of users from the protection of minors Privacy and legitimate rights and interests of the relevant personnel do not spread information and details of the case, to prevent damage to the victim again. Multi sector
Nanjing police announced after the girls' identity, there are many netizens questioned, "the couple have adopted qualification?" for questions, the Beijing Youth Daily reporter to call the Nanjing railway police. A staff member said, "adopted daughter, but the adoption procedures are not legitimate and uncertain.". It's a fact that the little girl is in foster care at their home. "
is the name of the staff, and also because the police involved in the field, did not bring people back to Nanjing, for" adoption is not legitimate, parents need to assume what responsibility "further work. "At the moment, the mood of the girl is not very stable, and further information is not available for the purpose of protecting her.
then, BYD reporters from Henan Anyang Huaxian propaganda department was informed that, due to the girl for the men's certain the family's daughter, and when the family for Huaxian residents, the relevant departments have adopted relevant issues, the establishment of a joint investigation team investigation, but the evidence also need to further investigation wait".
is the adoptive parents or not to adopt
in Beijing City, the lawyer qualification of wealth inheritance department director He Yongping said the clear provisions of China's "adoption law" in article sixth, the adoption should also have children, have been adopted to raise and educate the ability of people, who have reached the age of 35 conditions. Girls who have been infringed upon are adopted daughters of the parents of the suspect, so that they may not meet the requirements of the adoption law for the adopter.
He Yongping explained that the "adoption law" article seventh and eighth provisions of some special circumstances, can not be adopted without the provisions of conditions: children aged 35 years old childless citizens within three generations of children peer collateral blood, can not be adopted by people under 14 years of age limit; overseas adoption within three generations of peers collateral blood relatives of children, children can not be adopted without restrictions; orphans, disabled children or raising social welfare institutions for abandoned children whose parents and children can not be adopted without children and adopted a limit.
in addition, according to the judicial practice, and the Supreme People's court "on the implementation of provisions on some issues civil policy law" the fourth part "adoption": "friends, recognized by the masses, or relevant organizations to demonstrate long-term relationship between adoptive parents and adopted children living together, did not go through the legal formalities, should also be according to the treatment of adoptive relationship".
"therefore, it is assumed that the girl and the so and so parents should constitute a matter of fact adoption. "He Yongping said.
whether it constitutes a crime and identity independent
He Yongping told reporters BYD, according to the "People's Republic of China criminal law" the 237th stipulation: "by violence, coercion or other means, forced lewd or insults a woman, five years of fixed-term imprisonment or criminal detention. Whoever assembled a crowd or committed a crime mentioned in the preceding paragraph in public places shall be sentenced to fixed-term imprisonment of not less than five years. Any child who molested children shall be given a heavier punishment in accordance with the provisions of the preceding two paragraphs. "
" sentence, according to whether constitutes a crime, comprehensive consideration of criminal motives, subjective malignant, social harm, whether recidivism, whether or not surrender, meritorious confession, whether or not
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