Study On The Crime Of Spreading Obscene Electronic Information

With the rapid development of information technology, network in People’sDaily life and work is becoming more and more popular. On the one hand it providepeople with more convenient and quick communication platform, on the other hand, itmake many traditional crime network. Such as the traditional spread pornographicmaterials kind of crime from the start of the entity, tangible position transferred tovirtual, intangible network, gradually derived obscene electronic information crimeconcept. Its main is through the virtual network to transfer obscene electronicinformation, object is virtual non entity object bearing of the electronic information,and participation main body is numerous, in addition to general network users outside,still include all kinds of network service provider and management personnel, all ofthese with the traditional spread pornographic materials kind of crime has biggerdifference.The criminal judicial cognizance question, the key lies in the context of crimeconstituents comb. Learning and absorbing foreign about obscenity electronicinformation crime legislation practice and theoretical knowledge, and combined withthe network application of specific actual situation, in obscenity electronicinformation crime judicial cognizance process, the infringement of the double object,the virtual electronic information, only to have "obscene sex" can be regarded as"obscene electronic information", its behavior is mainly through the upload, download,creating a website or BBS, and other means to achieve. In knowing it is a "obsceneelectronic information" still implementation of the afore-mentioned ACTS are shallbear legal responsibility. Although the Internet service provider from bear universalinformation content supervision and examination obligation, but also do not preclude the "knowledge" or other means to participate in the be obscenity electronicinformation crime duty subject. And who is the pursuit of interest will not affect theestablishment of the crime. This paper is combined with the new judicialinterpretation on its new features,in order to solve the problem caused by this kind ofcrime.