| At present, the rapid development of the Internet age, the new cybercrime incidentfrequency increases, the "Network" as a new type of criminal means, and its harm tosociety than the traditional criminal means more serious, urgent typed, statutory. Forexample, the article "Network molestation", the perpetrator via the Internet "wide, big,fast" characteristics, the use of online video for the implementation of thenon-physical contact victims of indecent acts, as opposed to the traditional criminalmeans in terms of indecency, causing the victim more serious damage. However, atpresent China’s current criminal law in the objective elements of the crime indecencyrequirements in respect of the main limited to direct contact with the limb in order toconstitute the crime, the video through a network of serious violations of women’sright to sexual freedom "network lewd","Internet pornography" other acts, which arealso quite serious social harm. However, the existing law does not specificallyregulated. For example: In early2012, Guizhou A woman met through the network inTianjin B male, both online and through a network development. Later, they oftennude chat via video. They talk to each other naked in the process, B put A womannude male video all stored. After the two have been online dating develop. WheneverB male nude video chat anytime needed, its phoned A woman, if a woman does notagree, B Male to A woman on a large number of alleged nude video uploaded to theInternet on the grounds of intimidation, A woman had no other choice B inaccordance with the requirements of men had long chat with nude video. Afterintensified, B male not only requires A female nude chat video, also called A womanmust be in accordance with their instructions, their touch, pinch, pull the private partsof the body, but also requires A female using banana, chopsticks and other objectsdrawn insert your own pants and let A woman in strict accordance with theirinstructions, the video made inside various obscene gestures, posture, B male on the other side of the video masturbate constantly to meet their libido (B men werearrested after they confessed). If A Woman slightly revolt, it threatened to B Male Awoman nude video and other pornographic pictures uploaded to the Internet, Awoman had no option but to submit. Later, A woman getting frightened, had to put thematter told their parents. Their parents know the truth, very sad angry, but to hisdaughter’s reputation is not timely report, and let A woman put the phone down andchange phone numbers. However, when B is less than A female male contact, the Bmale to A female actually find the mother’s phone, and bluntly threatened his daughterwith video requirements, or will nude chat video to the web. In this case, A womanhas long been the B male intimidation have serious mental disorders, hospitalization.Later, a woman parents in the case of desperation, police seek help, and moved withhis family to the field of city, to save their daughter. After receiving the alarm,Guizhou local police to enforce Indecent Assault on Women to Tianjin arrest B Male,B Male propose that he did not carry out directly with A woman on a limb contacts,both sides are free love, their behavior does not constitute a crime (herein referred to"Network molestation").In order to facilitate the actual trial for "Network indecent" conduct conviction andsentencing, this research topic from this angle, right to fill loopholes in the criminallegislation has important practical significance. Therefore, this article from thefollowing three parts on compulsory indecent women sin "Network indecent" conductresearch and study, in order for China’s criminal law in the fight against such crime tomake some contribution.The first part introduces the crime of forced lewd women, as well as an overview ofthe constituent elements of this crime at home and abroad about the legislative statusquo;(a) elements of the object. The object of this crime is the civil rights of a socialrelationship with the world, like most countries, China’s criminal law provisions ofthis crime and rape in a chapter of this crime is more focused on the protection ofcitizens’ personal rights (sexual freedom). Can say that this crime is a violation of theright to freedom of citizenship a crime. For the "social order","wind order and goodmorals" can become a direct object of this crime, there is a dispute. Tong said that the object of the crime should be a single object, namely a violation of citizens’ right tosexual freedom. Meanwhile, with regard to the object of the most crime, the criminallaw will be the object of conduct of this crime is only limited to women, to men over14years of age excluded from this sin away. It can be said that the existing criminallaw on the crime of protection similar social relations exist certain flaws. Whileforeign crime in most countries of the object’s behavior is not particularly limited.(Two) the objective aspect of requirements. Elements of the objective aspect of thiscrime as follows: the perpetrator of violence, coercion or other means, against her willto impose indecency, the authors believe this approach in addition to traditionalindecent physical contact, should also include non-physical contact "networkobscene" This paper will combine for "Network obscene" case discussed in depth.(Three) main elements. With the rapid development of society, traditional concept ofchange, particularly in homosexual acts between women lewd constant increase in thefrequency of the condition, the subject of this crime can also be women.(Four)subjective element. Subjective aspect of this crime can only be direct intent. However,constitute the crime must be subjectively whether the content of a particular pursuit,sexual stimulation for the content, there is a controversy.The second part of the Internet age, the crime of forced lewd women identified inseveral problems. This "network molestation" shows on the network without physicalcontact through online video forced indecent women, the network spread quickly bymeans of criminal behavior, effect a wide range of coverage and other advantages, agreat social harm, caused to the victim damage than traditional indecency hurt moreand more serious violation of women’s sexual freedom, social harm is very serious.Thus, in the above case the dispute is necessary to discuss fundamental issues.1, inthe era of highly developed network information, lewd women, whether the means arelimited to direct contact with the limb in order to constitute the crime, is the Internetage on the constituent elements of this crime in the objective on a challenge.2, how todefine the behavior of people implementing virtual network indecency against herwill is crucial (eg: This article "Network molestation", the perpetrator asked the twosides in the love stage, the implementation of murdered women for themselves obscene, Department of their voluntary). Therefore, the need of the act is contrary tothe will of women for analysis.3, how to define the mandatory through the networkimplementation is also more critical obscene. Although this article "Networkmolestation", the perpetrator has not been murdered women against direct physicalcontact, but the perpetrator aid network spread fast, wide, the big advantages, itsdegree of murdered women far more than the mandatory direct physical contact withviolence, coercion means have mandatory level.4,"Network obscene" meaningidentified. The meaning of indecency abroad generalized based, and our criminal lawscholars on the meaning of indecency with a narrow-based, this paper considers themeaning of obscenity should include pornographic video, language, improper sexualintercourse, sodomy, etc., should be broadly based.The third part, on improving the criminal offense of indecent women forced severallegislative proposals. Through the "Network indecent" behavior into the punishmentof criminal law analysis, focusing on the constitution of crime and serious social harm,criminal illegal, should be subject to criminal punishment of the "Network indecency"criminal conduct judicial determination.(A) the identification of the crime or."Network indecent" Crime and general network unethical behavior, you must meet thethree characteristics of a criminal offense be recognized as a crime, such as the use ofthe network broke the news privacy control women so that women can not resist thestate into, and then "Network indecent" should be identified constitute the crime.(Two) this crime and other crimes recognized. Correctly distinguish between thiscrime and the crime of insult (such as through a network insults, etc.), so that iniquityproperly, crimes adapt.(Three) compulsory indecent women, crime and rape(attempted) Identification. The distinction between crime and rape (attempted)subjective element content in an important distinction, to be precise conviction andsentencing, do not indulge crime.This article from the non-physical contact "network indecent" behavior with a moreserious harm to society in areas such as feasibility studies, suggest the legislature toamend the crime charges, the "network indecency" indecent women act as anobjective element of a crime directly to law cited provisions on the constituent elements of the crime of further clarity is conducive to increasing complexity in theinformation era of cyber crime effectively protect every citizen’s right to sexualfreedom. |
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