Crime Research Dissemination Of Pornographic Material

As a emphasis administrative departments and judicial departments prevent and strike in China, offence of spreading obscene articles consists of two concrete crimes which are crime of spreading obscene articles for the purpose of profit and crime of spreading obscene articles. But in field of criminal theory, the research on this kind of crime is not profound now. This paper just centers on some controversial questions about offence of spreading obscene articles.During setting forth the concept of obscene article, this paper holds the view that obscenity is the harm to the sexual morality and sexual sense of shyness of social normal general people. Contrary to this view, the traditional point thinks obscenity also contains provoking sexual desire for no reason. Obscene quality and scientific quality, artistic quality can't exist at the same time in one work. Obscene articles don't include obscene medicines and obscene utensils, and the bounds of obscene articles and pornographic articles isn't clear. So it is a reasonable choice to merge pornographic articles into obscene articles.The offence of spreading obscene articles consists of direct intent and indirect intent, and the content of this intent contains the understanding of obscenity inevitably. If the actor mistakes non-obscene articles he is spreading for obscene articles, this should not be penalized as criminal attempt. While analyzing the offence of spreading obscene articles, we must pay attention to these questions, such as the scope of spread, the limitation to the people who receive spread, the understanding of benefit, and the introduction of spreading obscene articles, etc.As for the criminal form of offence of spreading obscene articles, its preparation refers to being compelled to stop during the actions which are buying obscene articles, installing equipment of broadcasting, fixing up the place of display and so on. The key to graspthe criminal attempt of this crime is that we should understand the start of committing offence and the crime's incompleteness. It is not necessary to penalize criminal termination of offence of spreading obscene articles in preparation stage. There just exists criminal termination in which the action has not been completed.The relations between crime of spreading obscene articles and crime of spreading obscene articles for the purpose of profit is the relations of common rule and special rule. There are crossing places in the content of these two.In Chinese criminal law, the legal penalty of crime of spreading obscene articles for the purpose of profit is higher unreasonably than that of crime of spreading obscene articles. Offence of spreading obscene articles is mainly a crime on morality, but the highest penalty can be life imprisonment. Obviously this legislation is not scientific.