A two-year-old girl was robbed at the doorstep

WRIC  Yao Cheng                         June 5th, 2010,


At 17:30 on June 4th, 2010, at Liyuan Village, Liyuan Town, Qinyuan County, Changzhi City, Liu Ying (Xiaodoudou), a two-year-old daughter of Liu Junmin, disappeared while playing outside her home. Her families have been publishing notice for missing person through radio, Internet and other media. But they still didn’t find her. Her grandfather got a hit and became sick. Her mother, Li Fang, washed face in tears all day. Her 15-year-old sister was so depressed that her academic performance plummeted. On January 9th, 2011, there was unexpected result when our activity of searching for lost families in northern five provinces came to Changzhi City, Shanxi Province.


The car covered with missing children’s photos parked near the school, attracting the attention from students. Little Bean was taking down her stuff with dad. (Photos: WRIC )


Attorney Jiang Tianyong and Little Bean.  Attorneys Jiang and Ying discuss the case with Little Bean’s parents. (Photos: WRIC )


At the site of activity, there was a middle-aged man staring at the notice for Liu Ying for a long time. A volunteer found him and asked him if he knew this child. He replied that this child was in his village, but he refused to tell the details. He was worried that he would offend his villager. We explained repeatedly and promised to give him financial reward and keep it secret. Then he told the truth that the child was in a village of Huguan County.

On January 11th, the group for seeking families came to Huguan County according to information provided by the man. In the family which adopted Liu Ying, Li Fang recognized her child. After the police arrived, Li Fang cried with her daughter. Subsequently, the police arrested five criminals who abducted children, one of whom was actually an acquaintance with Li Fang. After Liu Ying was rescued, Li Fang asked human traders to make compensation and brought a criminal incidental civil action against them to local court. The Women’s Rights in China (WRIC) entrusted lawyers, Jiang Tianyong and Lin Qilei, to help Li Fang and her family to defend their rights.

Women’s rights in China supports claims proceedings

In January, 2011, Liu Ying, a three-year-old girl, was found in the activity of seeking lost families organized by Huijia Net of WRIC in Shanxi. Nine human traders were arrested, and four of them were arrested by the Procuratorate of Qinyuan County, Changzhi City, Shanxi Province. Liu Junmin and Li Fang, Liu Ying’s father and mother, also brought action to the Procuratorate and the Court for civil compensation against human traders. Their causes of action were that the abduction of their child not only caused a huge mental burden, but also caused huge economic losses on them. In the process of seeking their daughter, the family spent almost all savings. They lost work and time and owed a huge amount of debt.

When the Court of Qinyuan County heard the case in July 2011, Liu Ying’s parents repeatedly submitted a request to the Court to participate in the court hearing. The Court refused them on the grounds that the public prosecution case was not related to the victim.

Because the Liu was in financial difficulties in the process of finding the child, they could only resort to local legal aid. The judicial office of Liyuan Town helped them to write a complaint and submitted it to the Procuratorate of Qinyuan Count. Then it showed no concern about it. They were so helpless that they had to turn to WRIC of NGO organization which helped them to find their child.

With the coordination and help of WRIC, lawyer Lin Qilei of Beijing Ruikai Law Firm went to Qinyuan, Shanxi on August 27th. After learning about the case, he signed a letter of attorney with Liu Ying’s parents and negotiated with the Criminal Department of the Court of Qinyuan County. This was the first time that Chinese victim employed a lawyer to take action for civil compensation against human traders. If it is successful, it could be a fatal blow to the crime of abducting and trafficking people. It would greatly inspire the confidence of victims’ families in finding children and also create a new way of anti-abduction.

A female judge in the Criminal Department of the Court of Qinyuan County received the lawyer Lin. In the process of negotiation, she said that the Court never gave the victim a precedent to participate in the hearing. The Court has made the decision that the criminal incidental civil action was not accepted. However, Lin pointed out that it was obviously procedurally illegal to not notify the victim to participate in the hearing. He emphasized that the case has been tried and it was also untenable to not accept the victim’s lawsuit. The victim did not participate in the hearing due to the court’s refusal. Finally, another person in charge of the criminal department received the complaint. He said that they would give an answer after studying the case.

Lin said that the next step was to send letters to the Changzhi Municipal Law Commission,the Changzhi Intermediate People’s Court and the Procuratorate of Qinyuan County and request higher judicial departments to intervene. We would pay close attention to this case.


Little Bean’s Mother signs the contract of representation with the attorneys.

(1) The Road Long, The Burden Heavy: Concluding Report of North China Anti-Child Trafficking Activities

 Women’s Rights in China’s volunteer: Yiao Cheng                                    All photos are by WRIC                  

 

The sixteen day Northern China anti-child trafficking and child rescue activities had concluded. It consisted of two parts, the citizen’s anti-trafficking conference and the educational convoy that travelled through five provinces.

These actions happened after the northern Child Search organizations suffered many setbacks in recent years. The causes of these setbacks included inadequate methods of parents searching for their missing children, lack of organization and financial resources. The most important impediment was that the government considered many of these parents as “destabilizing factors”. Some desperate parents who did not succeed through years of searching often resorted to frequent petitions to the government. As a result of government attitude, parents could only stay home helplessly or wander aimlessly looking for their offspring, even coming into conflict with local police authorities. Civilian’s child search activities therefore were in a state of chaos.

 

With the invitation of the northern league, WRIC decided to hold these recent projects in rural areas in Henan, Hebei, Shandong, Shanxi and Shaanxi provinces where child trafficking was a particularly severe problem.

On December 8th, WRIC director Yao Cheng arrived in Zhengzhou, Henan. Representatives of child search organizations from different parts of the country planned to arrive by the 11th. However in the afternoon of the 10th, Zhengzhou police arrested Henan members who were responsible for the reception of the representatives. Other Henan members who were planning to attend were also under police control.

 

Plans had to be changed at this point. The conference was postponed. Representatives convened in Xinxiang, Henan on the 13th.On the afternoon of December 14th, the First Huijiawang Chinese Citizens’ Anti-Child Trafficking Conference commenced at the Huangguan Jiari Hotel in Xinxiang. Over twenty representatives from Henan, Hebei, Shandong, Shanxi, Shaanxi, Guizhou, Zhejiang, Guangdong and other locales attended. The agenda consisted of three items. The first was the legal problems citizens’ child rescue activities faced; The second was the exchange of information of kidnapped children; The third was the discussion on the next anti-trafficking plans.

 

WRIC’s missing children event  pamphlet  December 2010.    Parents of Missing children distributing  pamphlet. 

IMG_0068My beautiful picture

 

 

 

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WRIC’s volunteer Chen Qitang (red jacket) explain the missing children issues

 

During two days’ discussions, free and independent debates flourished. The outcome exceeded expectations. The first beneficial result was the clarification of thinking. During the conference, representatives concluded that all activities were aimed at finding the lost children. A kidnapped child meant a destroyed family. Without the return of the child, parents vowed, they would never stop searching.

 

In the opinion of the conference, the government had the foremost responsibility in child search activities. With its control of the power of the law, if the government really put effort into it, finding more lost children should not have been a problem. With effort from the government, the parents reasoned, it would be easy to stay patient even if their own children remained missing. Under current circumstances, to foster better working environments for civilian efforts, it was necessary to refrain from some radical actions and remain rational. But it was also necessary to communicate the desires and requests of the parents to the government. In-person petitions to Beijing should be replaced by written ones. The conference decided to reflect in writing the difficulties the parents faced in hopes of better cooperation of governmental authorities for faster and more return of the children.

 

During the discussion of legal issues, representatives expressed many opinions on our activities’ legality, the functions of the government and the parents’ rights and obligations. Mr. Jiang Tianyong, an attorney of the Beijing Gaobolonghua legal office answered every question. Regarding the responsibility of the government, Mr. Jiang reasoned that child trafficking was at least the failure of public safety. Child search should be mainly the responsibility of the government. It should not target the parents as subversive elements merely because of some petitions. The parents had no political aspirations. They only wanted the government to assist in looking for their missing children. More tolerance on the government’s part was called for. It should devote the resources it used to monitor the parents into searching for the children instead. Only this could solve the petition “problem”.

 

The second agenda was the exchange of information. Mr. Chen Puyu of the Guizhou child search league shared the successful experiences of that organization. Guizhou had suffered severe child trafficking problems, which also started very early in that province. Civilian activities to recover kidnapped children started more than twenty years ago through the individual efforts of parents who gradually became organized. So far they had found more than one hundred lost children. Cooperation existed not only between parents, but also existed between the parents and the government and media. Recently, with the help of Huijiawang and other civil society organizations, Guizhou had successful results almost every year.

 

The conference recognized that it was necessary to strengthen in the future intra- and inter-provincial cooperation, particularly between northern and southern provinces. The flow of trafficked children seemed to be of the southerly direction. Many northern children were sold into the south. Although there were also some southern children who were sold in the north. Only through mutual assistance, achieving common sharing of information, could we increase the efficiency of our efforts. Future efforts would necessarily be through the internet, particularly WRIC  as a platform.

 

Conference attendees gave Huijiawang’s efforts high praises. They also gave many suggestions and comments to improve WRIC  as a bridge of the child rescue effort.

 

Finally, consensus was reached through northern and southern representatives’ discussions on concrete future steps. The emphasis should be tailored to current flow of kidnapped children, focusing on Fujian, Guangdong, Hebei and coastal areas of Shandong, border areas between provinces, rural areas, particularly the schools and family workshops in those areas. The targets of the search should be on lost children who were looking for their families. Older children who retained memories of their original homes and the desire to search for their parent had much higher chances of success than parents searching for their lost children. To facilitate this, we would make more educational material aimed at children, to increase the ability of trafficked children to receive assistance. On the question of organization, individual actions of parents should be avoided as much as possible. Most parents through years of searching had exhausted their financial resources. Concentrated organizations would expend such resources more efficiently. It would also more easily reach respectable scale, hopefully ensuring better safety for activists.