Spreading Through The Network Behavior Of Pornographic Materials By The Criminal Law Analysis

With the rapid development of network technology, the network not only brings people convenience, but also provides a breeding ground for crime. Such as the behavior for using network disseminate of pornographic material. The supreme people’s court and the supreme people’s procurator ate on several issues concerning the specific application of law in the trial of criminal cases about the use of the Internet, mobile communication terminal and information service center to copy, publish, sell, and spread pornographic electronic information in2004and in2010. It is used to regulate the behavior. But in the use process, there is great controversy among the problem.The essence of Communication is to openly spread obscene content items by one carrier in a certain range. Network communication behavior refers to spread obscene information in the network. This is fully consistent with the nature of the communication in the crime of spreading obscene objects. So the network communication action can be regarded as the communication of the crime of spreading obscene objects.The behavior pattern of network dissemination of pornographic materials behavior is mainly manifested upload behavior, download behavior, hyperlink behavior and helping behavior. Upload behavior, that behavior will be obscene articles uploaded to the network, which let the obscene articles in ornamental and use of space for the majority of the people or not specific. The computer automatically finished behind the behavior, which reflects the behavior of human consciousness. And it is identified as the last action. Therefore, upload pornographic articles shall be deemed as the behavior spreading obscene articles. For downloads, download their own behavior does not constitute a crime. In the judicial practice, more controversial is P2P--A "passive upload" behavior, while downloading and uploading. Under normal circumstances the download pornographic articles using P2P is not treated as a crime. But when people know information what they are downloading belongs to the obscene articles, whose behavior should be treated as a crime. For the hyperlink behavior, if they know hyperlinks point directly to the explicit website or webpage, and they click on the link to access to pornographic articles. But there is no objective to set and provide links to service, and even expand spread pornographic materials, whose behavior should be treated as a kind of communication. For the helping behavior, If ISP and ICP know that others use the Internet to spread obscene articles or publish obscene articles, while they still provide network services and Internet content services. They should be identified as abettor.Pornographic electronic information uses the electromagnetic to record obscene goods. It meets the item properties which is easy to appear and reappear. So it can be identified as the goods. Judging the obscene of the Pornographic Electronic Information should be based on the understanding of the net citizen in the network culture background. At the same time, the overall principle, the principle of objectivity and the principle of relevance judgments are indispensable.Naked chat is a pornographic performances, but the criminal law just punish the organizer. The conviction and punishment accord to the crime of organizing pornographic performances. However, the direct participants chat were punished by "the Public Security Management Punishment Law "rather than the criminal law. Mosaic image have pornographic nature from an overall perspective, and with the help of computer technology it can be restored. So the spread of mosaic image behavior belongs to the dissemination of pornographic materials, which can be convicted sentencing in accordance with the relevant charges.