Study On The Problems Of The Law Cases About Spreading Obscene Articles By Network

Nowadays,as the network technology has been changing with each passing day,information technology and the internet has developed so rapidly and been so popular that the influence of the computers and the network has touched every side of people’s life and work,at the same time, the computers and the network are also very important to the economic development of our society,the security of our country,the civil education and the modern management.Undoubtedly,the network has become an essential part of our modern life.Though the internet has brought people so many conveniences and wide space for them to develop freely,on the other hand,we should realize clearly that the internet is a sword with two edges and brings us not only the evangel but also cyber crime.With the developing of the internet,obscene articles such as obscene books,films and pictures are in flood on the network.Especially in the recent years,because of the imperfect management system,the drive from the advantage of economy and the vulgar interests of some people,the thing of spreading obscene articles from letter,picture to video frequency or naked-chat on the network,has become more and more serious,which has made bad influence to the consumers of the internet,especially young person,and leads to a lot of different kinds of crime.Though spreading obscene articles on the network is so harmful,we still have many difficulties in investigating this kind of law cases.The internet spreads widely,and it is also open,interactive and anonymous,which gives the criminals the covert instruments to commit an offence.In comparison with traditional crimes,cyber crime has its own features such as the big time span,the wide scope,the difficultes in getting the proof and the high cost. What’s more,in our country,the undound and defective laws and regulations which is used to punish the thing of spreading obscene articles on the network always makes the judicial authority awkward and face to the problems of the law while handling this kind of law cases,especially those new kinds of crime as naked-chat,and so on.Nowadays,during the special action to hit the thing of spreading obscene articles on the network according to law,law enforcement agency is faced with three knotty problems,they are the difficulties in spying,getting the proof and condemning,and there are still several controversies over the collection and the count of the electronic proof,the legal effect of the electronic proof,and the definition and appraisal of the obscene articles.The purpose of this article is to study on the problems of the law cases about spreading obscene articles by network,try to find the problems while the law enforcement agency uses the criminal laws and regulations to deal with such kind of law cases in our country by anatomizing the representative law cases as“Yanzhaomen”and naked-chat,then find the solutions through several facets as the specialization of law-enforcing personnel,the perfection of the correlative laws and the enhancement of the international judiciary cooperation.Ultimately,on the chance of giving the reference to law enforcement agency to deal with the law cases about spreading obscene articles on network.