Bare Chat Application Of Criminal Law

With voice and video instant transmission technology widely used on the Internet, the channel of communications between people develops from a simple text transmission to online video chat, so online naked chat occurs accordingly. It have not only polluted the purity of the online world, causing very bad influence in society, particularly on minors, but also been used as a tool for profiteering by many criminals and triggered other criminal acts. Based on the existing criminal law and principle of legality, this dissertation intends to explore several problems occurred in the application of the criminal law to the phenomenon of online naked chat, and the author hopes that the conclusions will be helpful to relevant judicial practice.Besides the introduction and the concluding remark, this dissertation consists of three parts:The first part is about the analysis of the status quo of the online naked chat. This part mainly discusses the concept, basic characteristics, types, causes and status quo of online naked chat.The second part is about the application of the existing criminal law. This part discusses one question:could the online naked chat be charged spreading obscene publications, or spreading obscene publications for profit, or organizing obscene performances or group licentiousness? After discussion based on the existing criminal law and the principle of legality, the author comes to the following conclusions:First of all, the act of online naked chat does not belong to obscene publications, or meet the requirements of the spreading object, because it is not a kind of spreading act, so the online naked chat shouldn't be charged spreading obscene publications for profit; Secondly, the act of online naked chat have not the nature of organizing, or meet the requirements of "performances on the spot", so it shouldn't be charged organizing obscene performances; Finally, the act of online naked chat is neither a kind of licentiousness nor group licentiousness, so it shouldn't be charged group licentiousness.The third part is about the ought-to-be regulation of criminal law on online naked chat. This part mainly explores the main reasons that the act of online naked chat should be deemed as a crime, the relevant evidence, and substantive law issues. After discussion, the author comes to the following conclusions:Firstly, the social harmfulness of online naked chat is so serious that it needs to be regulated by criminal law. Secondly, it is necessary to criminating those organized group acts of online naked chat with large members and serious harmful consequences. So the author argues that it is necessary to make several amendments necessary to the existing criminal law and add a new crime name called as "organizing online naked chat". Thirdly, procedural law should be clearly defined such following issues as the effectiveness of video-snap evidence that investigation organs obtained by means of secret investigation, the types of video-snap evidence and relevant procedures of obtaining video-snap evidence.