Husband and wife sold their five biological children one after another for a profit of 470k yuan, both sentenced to prison.

Why is there such a significant difference in prison sentences between the principal offender and the accessory?

Today, the Supreme People’s Court released typical cases of punishing crimes of trafficking in women and children according to law. In one such case, a couple sold 5 of their own biological children one after another for a profit of 470,000 yuan, and both were sentenced.

Basic Case Circumstances

From October 2016 to March 2023, the defendants Li Mouhui and his wife, defendant Zhang Mourong, having already had multiple children, treated childbirth as a means of illegally profiting, fundamentally without considering whether the other party had the purpose of raising the children. After giving birth, they sold the children to others, selling 5 of their own biological children in total, for illegal profits totaling 470,000 yuan.

Court Ruling Result

The effective judgment held that the defendants Li Mouhui and Zhang Mourong, with the purpose of illegal profit, sold their biological children, and their conduct constituted the crime of trafficking in children. Because Li Mouhui and Zhang Mourong trafficked multiple people, they should be punished severely according to law. In the joint crime, Li Mouhui played the principal role and is the principal offender; Zhang Mourong played a secondary role and is the accessory, and, according to law, punishment was to be mitigated. Accordingly, Li Mouhui was sentenced to fixed-term imprisonment of 11 years and 6 months for the crime of trafficking in children, and fined 60,000 yuan; Zhang Mourong was sentenced to fixed-term imprisonment of 5 years for the crime of trafficking in children, and fined 30,000 yuan.

Significance as a Typical Case

This case is a typical one in which parents, with the purpose of illegal profit, sell their own biological children. The law absolutely does not allow any purpose or any form of human trafficking. Although children are born by their parents, they are not the private property of their parents, nor can they be traded as commodities. Selling sons and daughters for illegal profit seriously infringes on the personal rights and interests of the children, which the law does not permit; the people’s courts will firmly punish such crimes according to law.

In practice, the reasons for selling one’s own biological children are relatively complex. Based on the facts ascertained in the case, the people’s courts strictly distinguish the perpetrators’ subjective viciousness, comprehensively and accurately implement the criminal justice policy of balancing leniency and severity, and integrate the law, ethics, and human sentiments. They apply punishment prudently and accurately.

In this case, for defendant Zhang Mourong, who had a relatively smaller role and status, the court legally determined that she is an accessory and mitigated her punishment, reflecting the policy orientation of leniency to match severity. At the same time, the people’s courts actively coordinated with relevant departments such as civil affairs offices and schools to identify temporary guardianship for the minor children of the two defendants, to provide assistance funds and scholarships, and to, together with local volunteer service organizations, continuously track, follow up, and visit them. This truly safeguards the lawful rights and interests of the minor children involved, prevents the emergence of new social problems, and truly achieves an organic unity of the “three effects.”