Several Problems Spread Pornographic Materials Crime Research

The crime to spread obscene articles does not constitute a violation of sexual morality, nor does it belong to a type of crime without victims. From the aspect of paternalism and with respect to the protection of adult’s freedom to choose, such crime violates the legal interest of both juveniles and adults-the juveniles’legal rights of physical and psychological health, and the adults’rights as regard their unwillingness to be come into contact with obscene articles, bscenity means to provoke desire unreasonably and to damage normal people’s sense of shame with regard sex.。To evaluate obscenity, the standard is to persist the principle to combine the requirements of integrity, objectiveness, and relevance, while baring in mind the essential elements of the definition of obscene articles. In addition, it is necessary to adopt the concept of objective relevant obscene article to supplement where it necessary. There does not exist any legal basis to interpret obscene information as obscene article. Such an interpretation goes beyond the limits of legal interpretation. Also it goes against the nature of article article should be tangible. Therefore, the interpretation has obviously made an analogy, which is in contrast with the principle of criminal law-presumption of innocence. It thus harms the predictability of the law, is not good for the protection of human rights, and impedes the application of the law. Online naked chatting does not constitute a violation of legal interest for no permanent image exists. For this reason, it will not constitute obscene information; neither can it be dimmed as article. Therefore, this conduct may not be dimmed as a crime to spread obscene articles. Gathering a crowd to conduct online naked chatting should not be dimmed as having committed licentious activities. Licentious activities must be premised on the condition that physical contacts exist. Failure to differentiate virtual and real space will lead to fallacy, such as Internet rape. The conduct of dissemination in the crime of spreading obscene articles means adopting methods such as to broadcast, exhibit articles to make the obscene articles known to untargeted people or most people. Dissemination also catches activities to publicize or circulate obscene articles by means of rent or gift. Upload is a way of act to spread obscene information through the Internet. Interlinkage also belongs to a way of act to spread, given it enables people who browse the webpage to find website which provides obscene information, making these information known to untargeted people or most people, and thus is in accordance with the essence of dissemination. Interlinkage behaviour should be dimmed as conduct spreading obscene information regardless whether it is direct or indirect. According to the exiting problems of current legislation, this paper proposes ways to sophisticate the law-to revoke the crime of spreading obscene articles, and the crime to spread obscene articles to profit. It calls an abolishment of the enumerate method in defining the way of act to spread obscene articles. It argues the law should uniformly accurse activities that spread obscene articles. Given the reality of widespread online obscene information, and such dissemination of obscene information violates the same legal interest that the crime to spread obscene articles violates, the law should separately accurse activities spreading obscene information, paralyzing the crime with the crime to spread obscene articles. Above all, this proposition is in accordance with the criminal law principle-penalty by law.