Spreading Through The Network Behavior Of Indecent Photos Of Criminal Law

Computers and networks are one of the greatest inventions in the 20th century. nowadays, computers and networks have been fully integrated into the people's living, and have become a essential living necessity in people's lives. Computers and networks bring enormous economic benefits to people , to change the mode of people's lives, to narrow the distance between persons, to beyond the boundaries between countries and countries ,they also have very important effect in economic development,state security and other aspects, it makes people began to enter the age of information.However, the computer and internet is like a "two-edged sword", it is not only bring enormous benefits to people,but also,as the Cybercrime beginning to appear,it become harmful to people's lives. Cybercrime as a kind new type of crime which is highly technology, great smart,which is hard to discover,.cost low,have varied methods to crime, have a serious bad effect to our sociaty,and so on. Cybercrime as a new crime, has now started to spread worldwide,and it is also becoming a global issue.At present, Cybercrime have not accounted for a large proportion of criminal cases in China. However, Cybercrime as a new crime, which have been much more harmful to our sociaty than the traditional criminal offenses. For example, nowadays dissemination of pornographic materials through the network is more different in form to the traditional dissemination of pornographic material,as the network becoming increasingly popular,their social harm is also becoming gradually increased.Criminal law as an effective adjustment of social relations and a means of regulating people's behavior, often has a defect of lagging, It is always to wait until a certain level of social development and the problems can not be, the state only develop the new criminal law and use these new criminal law to solve these new problems. Currently our country's laws and regulations in the fight against Cybercrime are not sound, lag far behind the reality of computer network crimes. This is not only reflected in the number of legal documents, but also in scope of application of the law.we can not properly use the law to handle these New types of Cybercrime, punish criminals in a timely manner, which will definitely lead to social disorder.the Purpose of I writting this article is to strive to discuss the correct application of Cybercrime, to properly convict and sentence, so as to effectively prevent crime,to reduce crime,to clean up cyberspace and build a Harmony of Society.This article is divided into four parts. The first section describes the cause of case, so that readers can have a general understanding of this case. The second section describes the specific circumstances of the case which is based on the first part,so the readers will have a clearer understanding to the specific details of the case.in The Third section,we will focus on the disputes of the case, which is whether the Indecent pictures is the indecent pornographic material, whether the behavior of disseminating indecent pictures can be constituted to a crime behavior, the criminal responsibility of relevant actors in the case and the specific charges of responsible persons suspected to be constituted. The fourth section,is a key part, is to discusse the focus controversy in the case, and I will specifically address the controversy raised by the third part of the focus view. This section is divided into four smaller parts, the first smaller part discusses my understanding to the concept of indecent and obscene materials, and discussed in detail the difference between the concepts of indecent and obscene materials.In the second smaller part, I will do a more detailed analysis of the concept of crime, including of the basic characteristics of crime and the standard of telling a crime behavior, and based on this,I will specifically addresse the distinction between a general illegal behavior and a crime behavior, also I will discuss the Standards of distinct between Legal behavior and crime behavior. The third smaller part discusses the the criminal responsibilities of Relevant persons in this case, including of the criminal liabilities of the photographer for Indecent photos,the person that be photographed on the Indecent photos, the person that Spread the indecent photos,the person that reproduce the indecent photos and network Service provider.in the fourth smaller part, I will do a detailed analysis of the specific charges that relevent preson in the case should be posed,mainly for the comparison in compositions and Elements of crimination between of disseminating pornographic materials and dissemination of pornographic material for profit, Libel and defamation. The fifth part is the conclusion and recommendations.In this part, I will do this in a summary of the above analysis and give a specific deal to the case,which is indecent according to the propagator of a crime that should be punished dissemination of pornographic material., and in the proposed section, I will give the readers a number of recommendations to ensure that the readers can do a real conviction and sentencing in the similar cases, including Further clarifing the relationship between the suspects, collecting evidence and ensuring other crimes of suspects to investigate in the case.This article'aims is to through the analysis by the legal theory and knowledge , we discuss to solve the practical problems of social life that they can achieve the correctconviction, the correct sentence, the law sought to achieve the fairness and justice, and webuild a Harmony of Society.