Analysis Of The Improvement Of The Legal Provisions On The Accommodating Prostitution

This paper sorts out the contemplations on the accommodating prostitution case in practice and endeavors to propose some suggestions for the improvement of legislation. The author always holds that the accommodating prostitution is sentenced too heavy in the judicial practice, among which some cases may be governed by the Public Security Administration Law, rather than by the Criminal Law. This paper is aimed to compare the similarities and differences between the administrative sanctions and the criminal penalties by comparing the different legal provisions on the accommodating prostitution, and holds that the boundaries of the administrative sanctions and the criminal penalties shall be defined and the sentence and penalties on the accommodating prostitution shall be lessened.This paper firstly analyzes the accommodating prostitution and the relevant concepts and elaborates the hazards of the accommodating prostitution, defines the relationship between the accommodating prostitution and prostitution and whoring by analysis of the concepts and further analyzes the different meanings of the hazards of the accommodating prostitution at different levels.Secondly, this paper discusses the provisions of the international conventions on the accommodating prostitution and four international penalty modes of the accommodating prostitution. The Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others expressly provides the accommodating prostitution (brothel) as the illegal act and also expressly provides such offence may be extradited. The international penalty on the accommodating prostitution tends to be loosened.Thirdly, this paper discusses the legislative evolution and characteristics of the accommodating prostitution in China. In the early days of the foundation, the Communist Party of China put forward the slogan of the prohibition of prostitution and whoring, and strengthened the legislation on prostitution and whoring after the founding of New China. The legislation on the accommodating prostitution in China is characterized with the complete penalty categories, the full application of the principle of the criminal property and the severe penalty.Finally, this paper discusses the similarities and differences of the penalty on the accommodating prostitution between the Public Security Administration Law and the Criminal Law, compares the relationship and conflict therebetween and proposes some conceptions for the revision on the legislation on the accommodating prostitution, hoping to achieve regulatory expectations of social governance and guarantee of basic human rights.