Reflections on the Adoption System for Minors from the "Child Abuse Case"
Recently, media have continuously reported that Tongtong (pseudonym), a second-grade boy from a primary school in Jiangbei, Nanjing, was beaten by his adoptive mother for failing to complete extracurricular homework assigned by her, resulting in multiple skin injuries across his body.
Earlier this month, netizens reported that a student from a Nanjing school was allegedly beaten by his adoptive mother, and police quickly intervened. Yesterday, news from the Nanjing prosecution indicated that the child's adoptive mother, surnamed Li, has been submitted by police to the Pukou District People's Court for approval of arrest on suspicion of intentional injury.
At 10 a.m. yesterday, the official Weibo account of the Nanjing People's Court of Jiangsu Province, @Nanjing Procuratorate, announced in its #Monday Release# that on the 12th, the High-tech Development Zone Branch of the Nanjing Municipal Court requested the Pukou District People's Court of Nanjing to approve the arrest of criminal suspect Li Mou on suspicion of intentional injury. The case is currently under further review.
Meanwhile, the official Weibo account of the Jiangsu Provincial Public Security Department, "Ping'an Jiangsu," also released a statement: On April 3, netizens reported that a student at a school in Nanjing was suspected of being beaten by his adoptive mother. The Nanjing police immediately launched an investigation. On April 5, they criminally detained Li, a suspect involved in intentional injury, in accordance with the law. On April 12, they submitted a request to the People's Court of Pukou District, Nanjing, for approval to arrest Li on suspicion of intentional injury.
(Nanjing Morning Post)
Reflecting on the minor adoption system requires addressing two aspects.
The improvement and perfection of the minor adoption system must be approached from two aspects: one is before the adoption occurs; the other is after domestic violence and abuse against minors have occurred. The work to be done before the adoption of minors is primarily prevention. Specifically, a strict and comprehensive assessment must be conducted of the adopter’s eligibility and qualifications. This assessment process should not rely merely on the adopter’s “one-sided account,” as is currently the case, or on the various written materials they submit. Instead, it must involve going deep into residents’ committees, communities, and families to give focused attention to the adopter’s character and personality, especially whether they have a history of mental illness, violent tendencies, and so on. For those with a prior record of domestic violence or abuse, a firm no must be given. In some places, during the adoption process, excessive attention is paid to the adopter’s family conditions, financial strength, and so on, while insufficient attention is given to their personal morality and character. This is worthy of note.
For adoptive parents who have committed domestic violence or abused minors, in addition to holding them legally accountable in accordance with laws and regulations, guardianship should be promptly terminated in line with the principle of safeguarding the interests of minors. The minor should then be placed with individuals or families who genuinely have the ability, love, and qualifications to provide a healthy environment for growth. At this time, the minor’s own opinions must be heard and respected, but the protection of the minor’s rights and interests must be given priority. For instance, after the Nanjing “child abuse case,” the child expressed a desire to continue living with the adoptive mother. However, before satisfying the child’s wishes, we must first ensure that the abuser’s behavior has been corrected and that the adoptive parents will not abuse the child again. Otherwise, consideration should be given to changing the adopter through certain procedures.
The "child abuse case" has provided us with an opportunity to fundamentally reflect on the minor adoption system. Only through such reflection and further improvement and refinement of the existing minor adoption system can we bring more adopted minors under the protection of national laws and institutions, and give them the opportunity and space for healthy physical and mental development.
(Procuratorate Daily)
