Study On The Problems Of Crime Of Forced Prostitution

The full text is divided into four parts:The first part: Analysis on the legal interest of crime of enforcedprostitution.This section first briefly introduced the concept of criminal law andtheir importance and significance.Next,For academics with regard to the legalinterest of crime of eight representative views, For academics with regard to thelegal interest of crime of eight representative views, intensive analysis, with fulljustification before the author’s original ideas:the legal interest of crime is thecomplex law, managed by the social order and the victims ’ right to physicalfreedom and the right to sexual freedom,and there is a distinction between directand indirect,major and minor, concrete and abstract.The second part: Number of constituent elements of issues on crime offorced prostitution.In this section, I deeply analyze the constitutive elements ofthe crime problem from the behavior of objects, the aspects of behavior,behavior subject and subjective.First of all,The object of the crime,i believebasic crime object in addition to women, and men,the object of “Rape forcedprostitution” also include men,that "rape" male prostitution applying theaggravating circumstance.And,the crime was limited to specific people, must beenforced and no specific sexual intercourse or engaging in lewd activity, do notinclude specific individuals, nor does it include their own.Secondly,Thebehavior of the crime,i tried to explain its special structure,the coercion acts ofpersons-the other side (was forced) will to be mandatory and not self-someoneforced into prostitution, and on the analysis of the relevant issues indetail.thirdly,The behavior subjec of the crime,i explore the legal applicationproblemsof the man between14and16years old about forced prostitution after raping women or very young girls,and if units can constitute the subject of thecrime problem,Considering that has over14years of age under the age of16underage male rape or rape the young girl after forced prostitution constitutedthe crime of rape, the unit does not constitute the subject of this crime.At last,thesubjective element of the offence,focuses on the subjective is including indirectintent and for the purpose of the crime committed two problems, I believe thatindirect intent should be contained within the subjective elements of the crime,the crime committed is not absichtsdelikte.The third part:Study on the standard of attempted crime of enforcedprostitution.This part of the analysis of the crime of forced prostitution basic andwith prisoners (that is "rape after prostitution") both attemptedstandards.Attempted both committed for basic standards,i first introduced thescholars on the five points of the standard of attempted crime, that is forced tosay, forced up said said said, consent, prostitution, prostitution, prostitution iscomplete said.Next, sort out commits and consequential offense, crime andcrime then relations between the two groups, the premise of this is proof thatthis standard of attempted crime.Adhere to all in the law against criminals andresults results for the accomplishment of conditions and a sharp distinctionbetween the offences established and subject to the completion of a crime, adegree of legal interests against certification standards, comprehensive analysisof the above views of the profession and demonstrate, demonstration of theirown position on this standard of attempted crime--prostitution completedsaid."Rape after prostitution" attempted both standard questions, I attemptedcommitted did not extend the basic standards of logic of argument, but by thespecial begins with an analysis of the crime of their quantity, believe that thisprovision is neither plot and repeated, was not implicated, has committed is not inclusive, but combined with commit.On this basis, discusses criminal lawexperts said they attempted both standard five committed on the integration oftheory, that the number of crimes accomplished as any accomplishment of thecrime, saying, the associate said, was combined with crimes prevail, saying, theassociate said, the compromise of the crime said.Comprehensive analyses, onthe basis of comparative advantages and disadvantages of the theory, I agreewith the combination of crime said, and believed that "rape after prostitution" isthe combination of crime is the crime of rape.Thus,"rape after prostitution"attempt depends on the crime of rape was accomplished or attempted.The fourth part:Forced prostitution or detailed analysis of threecomplicated problems in practice.The first problem is that gang rape of womenand young girls forced into prostitution after the characterization of an act;thesecond problem is that of people known to be suffering from AIDS and thecharacterization of an act of enforced prostitution;the third problem is, by robmeans forcing the characterization of an act of prostitution.For the first question,I believe that gang rape case should apply to "rape after prostitution", andbelong to (direct upgraded to) in particularly serious cases.For second a problem,according to situation finds for forced prostitution crime (General case), and todangerous method against public security crime (criminal law114th articleprovides of abstract dangerous committed) and spread STD crime of imaginecompeting collection, or forced prostitution crime (plot special serious of case),and to dangerous method against public security crime (criminal law115tharticle1th paragraph provides of (deliberately of) specific dangerous committed)and spread STD crime of imagine competing collection, or forced prostitutioncrime (plot special serious of case), and For dangerous crimes against publicsecurity (criminal law imposed by article115th (fault) specific dangerous criminals) and imaginative joiner of the crime of propagating sexuallytransmitted diseases from breaking.For the third question, I believe that shouldbe in a combined punishment of the crime of robbery and forced prostitution.