Analysis Of Legislative Defects Of The Crime Of Assembled Licentious Activities From "Wife-Swapping" Case In Nanjing

By introducing and analyzing the Wife-Swapping Case in Nanjing organized by an associate professor, which caused widely public concern, making us think about the rationality of the existence of the Crime of Assembled licentious activities in criminal law. For the Crime of Assembled licentious activities itself, because of its law provision is simply sweeping, related theory research about it involves little, judicial interpretations on it dose not specifically, that when wife-swapping case happened, the people argued whether it constitutes the Crime of Assembled licentious activities. This dispute as discussion further and then it turns on the question about the rationality of the existence of this crime. The current laws on all the behavior of sin punishment adulterous actual can be divided into two kinds, one kind is private, namely natural sex all participants fornication immoral behavior is the secret to avoid public; Another kind is open sex offender fornication, and refers to the crowd, without ineffable public or use other ways that public can find ways.All assembled licentious actives are undoubtedly a serious breach of social morality, for this kind of behavior, we must condemn and punishment it. However, it is whether necessary to make distinguish between the two kinds which is worth us thinking.Aiming at the existing defects on the imbalance of value evaluation of criminal law legislature, the violation of the austerity of criminal law requirements and easy to cause punishment negative value, hence the writer points out the necessary distinction with privately and. And then puts forward suggestions about the privately assembled licentious actives should remove from the currant criminal law, and openly assembled licentious actives should amend in the legislation.