Research On The Identification Of The Mob Adultery

Since the case of Ma Yaohai, there are a lot of contentions on Mob Adultery. No one was punished by the Criminal Law since 20 years ago, when the accusation was written in the law. Is that means the judicial restraint or the accusation does not necessary? To tell the truth, this accusation has a mass of problems in judical practice, such as "promiscuous" has a an indeterminate range; "assemble" as a objective element is not appropriate. Basically, the stipulation of Mob Adultery can not reflect the meaning of the lawmaking. That means only consider the issue logically makes the law perfect. On the aspect of criminal legislation, different ideas about remaining or abolishing the penalty come down to social public order and the individual freedom. It is relevant to the legal policy and legal culture. So the discussion on this accusation is not only about how to maintain public order, the more important issue is the relation between the law and morals, and the law and social culture. Only minimum of moral obligation should be a part of legal obligations. That's the way to protect the human rights and maintain public order by the same time.