Font Size: a A A

Study Of Internet Pornography Crime

Posted on:2010-07-07Degree:MasterType:Thesis
Country:ChinaCandidate:Q LiuFull Text:PDF
GTID:2206360302477390Subject:Law
Abstract/Summary:PDF Full Text Request
Obscene and pornographic crime is a kind of traditional types of crime, with the extensive application of network, this kind of crime spreads rapidly, become a widespread concern around the world as a serious social problem, fall in such background, network pornographic activity become a new kind of crime phenomenon, not only causing serious harm to society, but also bringing about a number of law problems. These quessions are discussed against this background. The full text includes three parts.Part One, fistly, the different understandings and provisions of obscenity and pornography at home and abroad are elaborated, analysis the principles and standards to grasp obscenity and pornography in practice; Obscenity and pornography become a problem since human society entered the civilized stage, because the difference in culture tradition,customs,national habits,religion, attitudes and perceptions are different in every country, inspect and analysis different legislative provisions, analysis the two principles to grasp obscenity and pornography in practice; secondly, summarize the background and developing status of network obscenity and pornography, network obscenity and pornography appeared companied by network information technology, with the extensive application of network and updating of network information technology, the forms of obscene and pornography network have also been continuously refurbished.Part Two, discusses the legal problems in criminal activities of network obscenity and pornography.Fistly, discusses these legal problems: jurisdiction problem, the problems of electronic evidence, the conviction sentencing problem, the problem of judicial assistance; Secondly, analysis criminal charges committed and concerned in the offense,analysis the crimes of dissemination of pornographic material,organization of obscene performances,organizing prostitution,fraud,rape, licentious affray, extortion, and so on. Finally, analysis some law problems in network video chatting about network obscenity and pornography, as a new type of crime, sex video chatting("nude chat")brings about many social and law problems.These problems, such as how to determine the nature in criminal law, committing the nude chatas a crime is possible or impossible,how to protect the civil rights in the course of fighting against crime, are analyzed and discussed as a key content.Because the lack of legislative provisions, it has not formed a unified point of view as the conviction of sex video chatting, although the parties may send pornographic materials in the process of nude chat, sex video chatting is a kind of communicational behavior, it does not belong to the area of "pornographic material".As the problem of gathering more people to chat, because they do not contact each other, it is not in line with the traditional crim of licentious affray. Organizating many people to make naked performances constitute the crime of organization of obscene performances. Finally, it is not appropriate to commit the nude chat as a crime, analysied from three aspects: the necessity of conviction,the legal protection and necessary confinition of sex liberty and the protection of civic right.Part Three, how to prevent and fight against crime is discussed from different aspects, such as law,morality,technology,education, and so on.Because of the overflowing network pornographic activity, it is very necessary to carry out special operations in time. The overflowing network pornographic activity reacts the decend of the level of social morality,lack of internet culture and sex education, so it is very necessary to treasure and strengthen these aspects.It is a very effective and necessary measures to adopt and strengthen technical means, such as the classify and filter technique.As a new kind of crime phenomenon, it brings serious challenge to traditional legal regulations, the current legal regulations is very behindhand. The legal regulation loopholes about obscenity and pornography and associative crimes in the criminal law are very serious, it is very necessaary to strengthen legislation. In addition, it is necessary to strengthen the network management from various aspects.
Keywords/Search Tags:obscenity and pornography, net obscenity and pornography, sex video chatting, crime, crime control
PDF Full Text Request
Related items