A Qualitative Study Of The Betrayal Of One's Own Children

The crime of child trafficking is a key crime in China,but there is a kind of behavior that challenges human ethics and moral bottom line in judicial practice.It is worthy of us to explore and think,and conduct qualitative research on this kind of behavior.This is selling children.behavior.The sale of birth children still exists today and is on the rise in the 21 st century.The crime of child trafficking under the criminal law of our country does not explicitly regulate such behavior.Therefore,how to evaluate such cases in law is currently in a state of legislative ambiguity,and these behaviors are also different in law.In the judicial practice,what kind of behavior is considered to constitute a crime of abducting children in such behaviors,and also as a crime of abandonment? This is the question that this article will explore.Therefore,this article will conduct a qualitative study of the behavior to clarify the legal nature of such behavior.Through the case study method,this paper makes a comparative study of three typical judicial cases,and finds out the problems in the case,that is,how to distinguish between the behavior of selling children and the behavior of private support and the behavior of selling their own children constitutes a crime.The problem of judging the behavior of juvenile children is currently difficult to judge.It is necessary to solve the problem in order to realize the behavior of selling the children.The boundary between the sale of biological children and the private support is also increasingly blurred.The criterion for distinguishing is whether the perpetrator has the purpose of illegal profit.It should examine the background and reasons for“sending” the children and whether or not to collect money.The fact that the amount of money is collected,whether the other party has the purpose of raising and whether it has the ability to support,comprehensively judges whether the perpetrator has the purpose of illegally making a profit.If the perpetrator has an illegal profit-making purpose,it constitutes a criminal offence,otherwise it cannot be considered to constitute a crime.By further combining the case analysis,it is concluded that the sale of the child is a crime of abducting the child,and it cannot be considered as a crime ofabandonment.The court found that the sale of the child is a lack of basis for the crime of abandonment.However,the reasons for such judgments in the courts are multifaceted,including frequent changes in legal basis,conflicts in legislation with normative documents,and uncertainty in laws and regulations,which have led to different case judgments.Finally,through the evaluation of the case,it is further proved that the sale of the child is a crime of child trafficking.