Study On Some Questions Of The Crime Of Organizing Other Persons To Engage In Prostitution

With the development of the times,prostitution phenomenon does not disappear, butbecomes more and more serious and appears some unprecedented prostitution means.China’scriminal law about the crime of organizing other persons to engage in prostitution is just onthe criminal law in1997, it is obviously not able to guide in the judicial practice which is onsome strange cases. Therefore, to strengthen the research of the crime of organizing otherpersons to engage in prostitution is beneficial for the criminal law theory and the judicialpractice.Except for the introduction and conclusion sections, this article consists of five parts,more than thirty thousand words.Part one, it is about the overview of the crime of organizing other persons to engage inprostitution.Firstly,the author generalize the concept of the crime of organizing other personsto engage in prostitution. The author believe that the concept of the crime of organizing otherpersons to engage in prostitution is to control the behavior of the people to engage inprostitution by the means of recruiting, hiring, forcing, seducing, sheltering and othermeans.This definition also reflects the diversity of the organized means and the objects of thiscrime what is qualitative.Secondly, the author organize relevant criminal legislation onprostitution types abroad.the author think our country can draw lessons from its restrictions onthe death penalty,its emphases of the protection of minors and mentally defective.Lastly,theauthor introduced the legislation evolution in our country law for the crime of organizingother persons to engage in prostitution.Part two, it is about the controversial questions about the crime of organizing other personsto engage in prostitution.Firstly,it is about understanding the concept of "prostitution".Theauthor introduce the phenomena and characteristics of prostitution in China, and define theconcept of prostitution.Different understanding of the concept of prostitution, is one of thecauses of different judicial cognizance.The author think prostitution is that the person refers tothe acceptance of payment or by constraint,having sexual intercourse or other sexual contactwhat can meet person’s sexual promiscuity with uncertain people.Secondly,it is aboutunderstanding the concept of "organization".From the meaning of "organization" in criminallaw into the meaning of "organization" of the crime of organizing other persons to engage in prostitution.The author think that this organization includes compulsive behavior. And thesame time,the author analyze the organization method and form of prostitution.Thirdly, it isabout understanding the concept of "others".I determine the range,quantity, and organizers ofprostitution. Fourthly, it is about the subjective important document of this crime.The authorthink that is a direct intentional crime, the criminal subjective document does not includeindirect intent and for-profit. Lastly,the author decide the plot of this crime. In China’scriminal law, it is only one article about this crime, this is not conducive to judicialcognizance, may lead to the judicial injustice.Part three, it is about the form of criminal number question.Firstly,the author explain theconcrete situations of this crime, including this crime, suspend the case.Secondly, it is aboutthis form of crime number question of this crime.Including the law of competition situation,in the situation, combined punishment for several crimes.Lastly, it is about the accomplice ofthis crime.The author think this crime is arbitrary accomplice, and it is different from crimegroup, in fact there is a master-slave division.Part four, it is about the difference between this crime with the related charges.Firstly, itis about the difference between this crime with the crime of assisting in organizingprostitution charges.The differences are on the person’s identity and status, objectiveaspect,social harmfulness.The crime of assisting in organizing prostitution charges is helpfulto this crime.Secondly, it is about the difference this crime with the crime of forcedprostitution, their difference is on the object, the implementation behavior, subjectiveelements, object aspect.Thirdly, it is about difference between this crime with the crime ofsinned, seduced, sheltered other persons to engage in prostitution in both intentional content,behavior, the behavior object, personnel relationship between actor and prostitution. Lastly, itis about the relationship of this crime with the crime of gathering to engage in licentiousactivities. Their different differences are as follows:the object, behavior, subject andsubjective aspect.Defining the differences can help us to distinguish this crime from thatcrime and avoid confusion.Part five, it is about the improvement of this crime.Firstly, the author think, according tothe social harmfulness, the death penalty regulation of this crime should be abolished, whichnot only conforms to the trend of the development of human civilization, but also conforms tothe nature of the principle of tolerance country of our criminal law,and conforms to thecriminal policy of tempering justice with mercy. Secondly,the author think this crime have theunreasonable legal sentence consistent with the crime of forced prostitution is unreasonable.The latter crime’s legal punishment should be higher than the former.Thirdly,the penalty for this crime is overweight.Finally, according to the social harmfulness, thepenalty of the "forced" mean should be higher than other means of this crime.