On Regulation Of Conduct Of Gathering To Engage In Licentious Activities In Criminal Law

This paper intends to take the case of "exchange spouses of Ma Yaohai" in Nanjing as an example, comparing the related conduct in that case and the crime of gathering to engage in licentious activities, finding out the crossover and fusion, leading to historical and realistic investigation, and comparing the domestic and foreign criminal laws, in order to analyze the decriminalization of Conduct of exchanging spouses and the necessity for the existence of crimes of gathering to engage in licentious activities. Based on the above analysis, combining the relationships between the criminal law and the morals, this paper argues that criminal law shall not interfere the edges of morals instead shall focus on the core of morals; then this paper will attest theoretically why the criminal law should eliminate the behavior against general ethics and reserve other conduct of gathering to engage in licentious activities having heavy social harm.This paper takes the case of "exchange spouses" as an example to start the discussions on this issue. The first chapter of this paper mainly elaborates generally the conduct of gathering to engage in licentious activities, describes the general process of its origin and development, analyzes its specific characteristics, and further classifies the conduct based on the behavioral pattern and the subject of the conduct.The second chapter mainly introduces the general regulations concerning the conduct of gathering to engage in licentious activities in other countries. By comparison, it is found that though there is a varity of concrete statements of licentious activities, most of the countries criminalize the public conduct of gathering to engage in licentious activities, and because of the differences of the custom and historical tradition, religious countries also penalize the concealed conduct of gathering to engage in licentious activities.The third chapter takes the case of "exchange spouses" as an example, comparing the divergence on the case in theory and in practice. Considering the provisions of the criminal law, this paper holds that the conduct should be decriminalized. Then this paper focuses on the question whether to retain or abolish crimes of gathering to engage in licentious activities. After comparing different viewpoints, this paper holds that it is necessary and practicable to criminalize the conduct; but the imperfect relevant legal supporting facilities lead to the cognizance difficulty in judicial practice.The last chapter maintains that the boundaries of criminal law and morals needs to be distinguished to discuss the conduct of gathering to engage in licentious activities on the basis of the research above. This paper insists that some conduct of gathering to engage in licentious activities in public should be reserved and the other concealed conduct of gathering to engage in licentious activities should be decriminalized. Reasons include current situations of China, the necessity protection of legal interests, the difficulty of cognizance of the edge of moral boundaries, and the prudentiality and efficacy of the criminal law itself; and at the end of this paper, a few suggestions for improvement are proposed.Research methods of this paper include historical analysis, comparative analysis, case method and legal interpretive method.