The Understanding And Application Of Crime Of Procuring Others Into Prostitution

Although the act of introducing prostitution from time immemorial, but Crime of procuring others into prostitution is a modern crime. As the main criminal offence of disrupting the order of social administration crimes,which has done severe harm to management of social order and good moral value, and also has been paid extensive close attention and study by criminal community. With the passage of time and the deeply carring forward reform and opening, China's various ownership economy has achieved vigorous development. However,prostitution and whoring have become common phenomenon, and the means and ways are also increasingly diverse and complex. Thus, we cannot but face and resolve the nature of introducing prostitution, especially distinguish it against the crime of assisting to organize others to prostitute. The research and analysis upon these criminality are not extensive and thorough, which can not guide judicial practice sufficiently. Based on it, this paper will introduce Crime of procuring others into prostitution and crime of assisting to organize others to prostitute by Case Analysis, hoping to unveil the mysteries of both. Research, analysis and solution of inroducing prostitution-related problems in judicial practice are the fundamental content of this article, but also the core value of this paper.This paper based on the ideas of "to ask questions - analyse the problem - to solve the problem," which is divided into three parts:The first part is the introduce of questions. This paper gives a representative case of Liu's introducing prostitution. There are two broad judicial controversy in this case, one is the controversy of nature determination of this case, some people seem to think it is the Crime of procuring others into prostitution, while some people think it is the crime of assisting to organize others to prostitute. and the other controversy is the determination of criminal circumstances. In contrast, the controversy of nature determination is the core problem of this paper to be analyzed and solved.The second part is research and analysis on indisputable points of this case, which is the main contents of the whole paper, and this part will carry out detailed discussion and comprehensive analysis closely centering on indisputable points. Based on theory of crime constitution, combined with the understanding of the Crime of procuring others into prostitution proposed in this case and the determination methods of the crime of assisting to organize others to prostitute, which in order to distinguish different forms between the Crime of procuring others into prostitution and assisting to organize others to prostitute. The key point of controversy of nature determination lying in whether Liu was a member of the organization of Huang's prostitution gang or not. After comparing Liu's concrete way of criminal behavior and his relationship with Huang, this paper draw the conclusion that Liu doesn't belong to the organization of prostitution gang members. The analysis of Liu's criminal circumstances is a second priority of this article, while the emphasis is on complete interpretation of Liu's serious criminal circumstances's intrinsic meaning in the Crime of procuring others into prostitution, and clarity on the essential characteristics of serious criminal circumstances in Crime of procuring others into prostitution. Finally, this article will reach a conclusion according to criminal law theory and combined with rational thinking.The third part is the analysis of sentencing of the case. On the basis of the settlement of the nature of this case, and a simple analysis of the Liu's sentencing, this paper complete a comprehensive analysis on the nature and sentence of the case ultimately.