On The Crime Of Assembled Pruriency

As an important crime that is stipulated by the present criminal law in order to protect the social custom,the crime of assembled pruriency has been paid great attention by the law academia,even including the sociology academia.From both of the real angle and the required angle of law,this paper has made an in-depth analysis to this crime's problems and finally solves these problems practically.This paper is divided into 3 chapters.In the first chapter,from the analysis of real angle of law,this paper has analysed some controversial problems existing in both of the fields of academic and practical departments,for example,the concept of this crime and some important constitution requirements of this crime.As for the former,basing on the three structure characteristics which consist of the characteristic of assembling,the characteristic of pruriency and the characteristic of simultaneity,this paper puts forward the best definition of this crime.Towards the latter,this paper emphasizes on the following three complicated problems,which include that what is the object of this crime,whether the so-called"nakedness chatting"conforms to the objective aspect of this crime and whether the assembled pruriency occurring in the occasion of prostitution conforms to the subjective aspect of this crime,then,it concludes that the object of this crime is the benign social custom,the"nakedness chatting"do conform to the objective aspect of this crime and the assembled pruriency occurring in the occasion of prostitution has the intention of pruriency.In the second chapter,by transforming the angle from the real angle above to the required angle,this paper criticizes the present situation that sees the secret assembled pruriency as a kind of crime but decriminalizing the behavior of public pruriency below two people.By relying on the knowledge of jurisprudence,we can realize this fact that the present situation reflects the the imbalance of value evaluation of criminal law legislature,the excess of the moral-oriented of criminal law and the improperly interfering in personal freedom.By relying on the theoretical knowledge of criminal law,we can realize this fact that, without the damage of legal benefits,by violating the idea of restraining of criminal law and departing from the international legislating tide that decriminalize the victimless crimes,we have to amend the present legislation.In the third chapter,on the one hand,on the level of legislating,after choosing the amendment path of"partly amending",this paper gives its legislating amendment suggestion to the Article of 301 of the present criminal law,on the other hand,on the level of justice,in order to help the judiciary department,after referring to the experience of case-law and criminal law code of other countries and basing on the practical situation of china,this paper has illuminated two potentially controversial concepts of the legislating amendment suggestion above,that is, the"public place"and the"being on the scene of the innocent people".