Study Of Cognizance On The Crimes Of Disseminating Pornographic Materials Through Internet

The flurishing of the internet provides a convenient methods for information delivery. However the virtual nature of the network hinders the applying of the well-accepted laws in real world, as a result the criminality on the internet now are keeping emerging, in which the dessemination of the obscene materials by exploiting the convenience and freedom of the internet has became the major form of network crimes. Because of theoretical and practical dissemination research focuses on the traditional crime ofdisseminating pornographic materials, and there are a few Study on the crimes of disseminating pornographic materials through internet, It still has many difficult problems in judicial cognizance. The network dissemination's object is coexisting three groups of characteristics, and participation main body diversification, and the author pursues benefit often by no means realistic direct economic interest, but is the performance for the hypothesized benefit or the secondary benefit. These have the big difference with the real life in disseminating pornographic materials crime.Studying the provisions and the spirit of the other countries'criminal laws aboutthe negative status and at the same time, according to our legal traditions, we should make negative status perfect from the following:The object of this kind of Crime t is single object of crime; Digital information that cognizanced as the crime target should adopt the "easy to appear and to reappear";The network dissemination's concrete behaviour pattern should regard between the effect, the behavior and result causally related it whether to conform to the present criminal law concerned requirements, judges it whether should recognize for the criminal law in "the dissemination"; The network service provider undertakes the universal information content control inspection although lacks the feasibility voluntarily, but does not hinder it, in "knowledge" or in other way participation's situation becomes the network crime to have the responsibility main body; The understanding judgment standard must distinguish regarding "obscene" between the former author locus "the average person standard", should also take the numerous locus's obscene standard the obscene understanding the reference.