Research On The Crime Of Assembled Pruriency

The crime of assembled pruriency is separated out from 97 years criminal law of "hooliganism" in the pockets of crimento a separate crime. As in real life incident rate of such cases is small, most of the cases are held in secret locations, often difficult to be found. Investigation and evidence collection with the difficulties of such cases, a criminal offense legislation in a cold, such a charge, naturally unable to draw the attention theorists. March 3, 2010 Professor Li Yinhe presented in two sessions, the proposal to cancel The crime of assembled pruriency charges, a ripple, the National theorists and practitioners have to express their views on this point of view advocated in May 2010 Maxiao Hai, etc. people "Wife Swap" Event and no doubt pay for this great debate to refill fuel, mob adultery charges being everyone's attention again. But how to define the concept of this crime, the specific content of its constituent elements, the crime and identified other related issues such as how to distinguish between charges still much controversy. Professor Li Yinhe's abolition of the crime of assembled pruriency claims, the community is debated, this article follows the questions, analyze problems, to solve the problem of principle, in four chapters I have some understanding of the offense and research.The first part, an overview of the crime of assembled pruriency. Introduced the first specific crime of assembled pruriency charges'historical background, and then pass that the concept of the crime of assembled pruriency iand then from the concept of combined circumstances of a crime theory, careful analysis of four aspects of this crime Elements, and focused on the object of the crime of this the conclusion that the object of the crime is a social morals. Then through the analysis of specific cases of three of our current criminal legislation in the crime of assembled pruriency .The second part, gathers in great numbers the promiscuous crime legislation flaw. Gathers in great numbers promiscuous crime's establishment from the jurisprudence angle analysis, the existence law intervenes the morals, the legislator value unbalancedly, to encroach upon the citizen free power excessively the question. In the penology angle analysis, the existence violates the law profit protection idea, to violate the criminal law modest and restrained principle, to conflict with the non-victim crime non-crime tidal current, not to conform to the state-run criminal legislation convention question.The third part, gathers in great numbers the promiscuous crime to consummate the suggestion. The article the revision suggestion which proposed in view of this charge analyzes one by one the first theorists, pointed out the unreasonable viewpoint and analyzes the reason, definitely beneficial suggestion. Finally puts forward own revision proposal and the redesign law: Gathers in great numbers blatantly carries on the promiscuous activity, and participates many times to the most important member, place below five years set term of imprisonment. Imprisons or the control. Tempts the minor to participate gathers in great numbers the promiscuous activity, determines guilt the punishment according to the down payment stipulation. And on law in"blatantly"the limits, give a unified standard.