On The Crime Of Mass Promiscuous Narrows

The crime of mass promiscuous was amended as a new Criminal code charges in1997to maintain social order. But the offense has not been truly recognized, there area lot of opinions of scholars for the sin. In recent years, it is to become the hot issueof research by scholars, but the fate of the crime of mass promiscuous has yet to reacha consensus. I write this thesis, by carding the theory of the crime of masspromiscuous, analyzing and demonstrating its defects, to want to be able to betterunderstand the crime of mass promiscuous. On this basis, the author wants to be thecrime of mass promiscuous narrows, so that it can really apply to the judicial practice.This paper is divided into four main parts:The first part: The criminal regulation problems of mass promiscuous crime.This part mainly introduced four aspects: Firstly, the status quo of Criminal regulation,the crime of mass promiscuous was amended as a new Criminal code charges in1997.Secondly, the definition of the crime, I point out the theorists view, and on this basis,point out of myself view. Thirdly, constituent elements, I mainly from the object ofthe crime, the objective aspect of the crime, the subject of crime and crime subjectiveaspects to analyze the crime of mass promiscuous, and hope a more thoroughunderstanding of it. Finally, the author points out the problem of setting and applianceto the crime. Mainly including, the improper type of behavior, unreasonable penalty,and problems encountered in the judicial practice.The second part: Repeal or retention or limit and juridical analysis. I mainly briefintroduce the three views, the abolition of the crime, retention and limit retention. I docombing The theoretical basis for each doctrine，detailed analysis the focus ofcontroversy in these views. Including: how to define the problem of the dividing linebetween criminal law and morality, the pros and cons between liberalism and Socialorder, restraining criminal law and heavy penalty thinking’s confrontation, the choiceof Legal interests Infringement theory and norms violation theory.The third part: I introduce the necessity of mass promiscuous narrow. Mass promiscuous sin needs to retain, but should be given narrows, I mainly from severalaspects need to narrow: the requirements of the modern criminal law protection ofhuman rights values, the requirements of The Victimless Crime Decriminalizationtheory, the requirements of Restraining Criminal Law theory, the requirements ofcurrent international trends, the requirements of temper justice with mercy criminalpolicy, the requirements of saving the cost of justice.The forth part: Put forward to some legislative proposals, including: out ofprivate promiscuous behavior sin and reasons, except for the provisions. Set publicindecency sin, identification of public places, configuration of penalty, andmodification of the provisions. Improve the lure youth mass promiscuous sin. For thisparticular behavior, it should be developed appropriate charges according to thespecific seriousness, rather than to develop in the crime of mass promiscuous.I hope that through this paper,it can be able to help theoretical discussion of thecrime of mass promiscuous, and be able to distinguish in mass promiscuous，thus canhelp resolve the controversy theorists...