Study On The Crimes Of Disseminating Pornographic Materials Through Internet

The crimes of disseminating pornographic materials include crimes ofdisseminating pornographic materials and crimes of disseminatingpornographic materials for the purpose of profit crimes of disseminatingpornographic mterials through networks are a kind of special form of crimesof disseminating pornographic mterials. It involves the traditional theory andthe related issues of cyber-crime of the crimes of dissemination ofpornographic materials. This thesis discusses the crimes from three aspectsof disseminating behaviors.Part one : the behavior of crimes of disseminating pornographic mterialsis mentionedFirstly, the disseminating behavior is defined based on currentlegislation and the theory. The behaviors of the pornographic-mterials-crimesinclude poduction, duplication, publishment, sales, etc, in our country'scriminal law. Some scholars think that the behaviors should includedisplaying, broadcasting, transporting and carrying. In fact, the disseminatingbehavior is different from displaying, and it dosn't include the behavior oftransporting and carrying. Secondly, From the perspective ofcommunications, the characteristics of disseminating on Internet can beconcluded interaction, subjective, connection. Through the disscussion of thetwo above aspects, the author discusses the behavoir of crimes ofdisseminating pornographic materials through internet, and think the actionof upload, link, etc belongs to the means of disseminating.Part two: the analysis of the objects of behaviorGenerally pornographic materials are regarded as the objects of crimes,but the author agrees that pornographic materials belong to the objects ofbehavior. But the previous study of the pornographic materials almostfocused on the aspect of the nature of pornographic materials, while theresearch on defining objects is scarce. But pornographic materials shouldhave the nature of the objects. It is not hard to define those objects that candisclose pornography. those objects that can't disclose pornography orinformation should adopt "the probability of easily re appearance'as astandard. pornographic materials can be defined in this way : pornographycan be easily reappeared. Here, pornographic materials are not only thoseobjiects whose pornography can be easily reappeared, but also those that cantransform the pornographic information of the objects. And this kind ofdisplay has a sufficient ease. The defined standard of this kind of ease shouldbe based on common people's ideas. From this, the computer data itself thatcan generate pornographic pictures, vision, etc can be defined aspornographic materials. The pornographic images that is disposed speciallycan be defined as pornographic materials, because they have the nature thatpornographic information can be displayed easily. While the performance ofstrip show through internet can't be defined as crimes of disseminatingpornographic materials, because internet is not a carrier of storinginformation but a kind of communications equipments like a telephone. Next,it is an imortant question how to protect adolescents' interests in internet. Theaauthor thinks we should dispose the contents differently, manage strictly themerchants of internet works, and develop the single space of the onlinespaces so as to decrease the damage to the adolescents.Part three : the principal part of behaviorsThe crimes happened on the internet most makes us interested iswhether network service providers could be defined as offenders In additionto natural and legal persons who can commit crimes of disseminatingpornographic mterials The author thinks we should discuss them seprateleaccording to the classification of network service providers .Network serviceproviders can be divided into internet access provider (IAP), internet serviceprovider(ISP), internet content provider(ICP) and internet platformprovider(IPP). Firstly, the nature of Internet access provider (IAP) isequivalent to that of the telecommunications operators, so it is difficult todefine as crimes of disseminating pornography Secondly, the questionwhether the network service provider (ISP) can offend a crime or not shouldbe treated differently depending on the situation. Generally, ISP can notoffend a crime. However, in "knowingly" situation, the person helps others tofacilitate the dissemination of pornographic material conditions would be anaccessory. Thirdly, Internet content provider provides pornographic content,its nature is not different from the crime by using traditional methods. Itshould be identified for perpetrator of crime of disseminating pornographicmterials. Lastly, The disputes exist in academic fields whether internetplatform provider can be identified for offenders. Geneerally speaking, thereare mainly positive doctrine and negative doctrine. After comparison andanalysis, I think under the existing provisions of our laws, neither IPP has theaction capacity nor has the action obligation, therefore, his conduct can notbe the principal part of a crime. In addition to network service providers,people also focus on whether internet cafes and search engine could offend acrime. According to the theory of causation, Internet cafes can not generallyoffend a crime, but those "knowingly" beforehand still help others commit acrime. The actions of search engine providers are different from those ofhyperlinks, so they can not become the principal part of crimes ofdisseminating pornographic mterials.