Study On Legal Regulation Of The Obscene Crime In China

In this paper, the obscene crime refers to the deliberate infringement of the rights or breach of the "obscene" and "sex" relevant social weathering which violates the criminal law and criminal behavior. In our country,the obscene crime mainly exist in chapter four infringing upon personal right and the democratic rights of citizens and chapter six crime against social administration of china penalty code. But from the perspective of the obscene behavior in common, the scope of the study is limited to the crowd licentiousness, crimes related to prostitution (the organization prostitution crime, assist the organization prostitution crime, lure, shelter, crime of introducing prostitution), related criminal obscenity (the crime of spreading obscene objects, organizing the broadcasting pornographic audio-visual products of sin), reflection and reconstruction on the infringement of China’s socialist morality, good customs involving prostitution crime criminal law regulation.In recent years, China’s cultural appeared some new changes, people’s sexual attitudes than in the past has been greatly changed, which leads to the new change the original formulation in the conservative culture under the influence of the obscene crime legislation is not sufficient to deal with the reality in the obscene behavior. In the judicial practice model involving obscene crimes involving difficulties plagued obscene crime legislation. This paper tries to contrast the technique, from the realistic predicament of the obscene crime legislation, theoretical basis of obscene crimes involving the path selection and reality angle, through theoretical analysis, to our country the obscene crime legal regulations for the reconstruction, in order to realize the criminal legislation of the times. Specifically, this paper consists of four parts:The first part is the summary of the obscene crime in china. Firstly, the definition of domestic and foreign related to the obscene crimes are summarized; secondly, starting from the relationship between nature, involving the obscene behavior involving prostitution crime and crime against weathering the definition of the obscene crime; once again, for the purpose of this study, to compare the methods defined in China involving prostitution crime scope.The second part is the extraterritorial investigation involving obscene crime and Its Enlightenment to china. Based on the obscene crime range, in the horizontal on the extraterritorial provisions related to obscene crimes were summarized, to our country the obscene crime legislation plays a certain reference role.The third part is the analysis of China’s legal regulation concerning obscene crime situation and problems. The author reviews the history of our country the obscene crime; Then through the method of analysis and comparative study, analysis of the present situation of legal regulation of prostitution crime category of our country; Finally, from the different level analysis of the existing legislative and judicial problems, to solve the problem, a fully rigorous exposition.The fourth part is the path selection of the obscene crime legal regulation. The author introduces the theoretical basis of path selection and realistic foundation, in view of our country the realistic predicament of prostitution crime legislation, based on the actual situation in our country the current selection of criminal law in different ways.Finally, the conclusion part, summarizes the conclusions of this research subject and research.