Discussion On The Problem Of Criminal Punishment Of Sheltering Or Introducing Prostitution

Looking at the domestic and international criminal legislation of the qualitative behavior of both sex trafficking in certain historical rheological state, which consists of the earlier and later the criminalization of legitimate now and then reduce crime ring; horizontal differences also exist, national law does not define its nature One. In mainland China area, media and public from time to time for the "Dongguan anti-vice" and other events unfold from the "Eat Drink Man Woman," questioned the prohibition of prostitution, and then questioned the shelter or introduce a discussion of the crime of prostitution, part sociology, jurisprudence scholars even this jointly legalizing prostitution The proposal to amend the law. Under the framework of the existing criminal law, criminal law theory of internal norms for behavior by punishing pimping legal interest to be protected, nor consensus "against individual legal interests," "social law benefits" or "comprehensive legal interest" and other disputes, also directed the relevant question This behavior is having sex or having a criminal penalty Punishment level. So, whether it is based on current law and public social interpersonal psychological changes, observational characteristics and complex trading activities circumstances, the necessity and legitimacy of torture involved in criminal law, legal judgments or specific spatial and intensity of intervention, including the criminal law involved, accurately forecasting related Legislation ought to go, both with important theoretical realistic proposition.Through comparative study between China and foreign legislation choice theory analysis Jusong points from criminal policy, criminal law and functionalist view of crime and other macro-perspective view of sin and go looking for arguments based on the crime, and as a basis for supporting specific confirmation of the Criminal Law Governance policy theory pimping problems and gaps, and then discuss specific shelter or introduce prostitution Criminal Punishment.In addition to the introduction and conclusion of this article, a total of four parts, the body of words around thirty three thousand words.The first part, a brief combing the area in mainland China-related legislative changes, summarized shelter existing criminal provisions of paragraph 1 of Article 359, introduced Elements prostitution, carded legislation of a foreign country, to lay the foundation for later discussion.The second part of the comparative analysis of shelter or introduce criminal behavior and decriminalization of theoretical perspectives. Criminalization view to infringe national law benefits that individual legal interests that social law benefits that a comprehensive legal interests, said to represent, as against the national legal interest to say has already been discarded by criminal law, now integrated legal interest to say no concern national legal interest to say. Yi said common synthesis method is essentially a personal legal interests and social law, said Yi said mixed together, on the surface this is a new interpretation of the path, in fact, it is only part of the simple sum of the two points of view, it is impossible digestion personal legal interests Yi said the law says and social ills exist. The main point of decriminalization argue that by protecting legal interests behind the crime is not clear and self-protective stance right positive confirmation, put forward their views, but of self-determination and self-determination of the same property, when possible infringement of the right to exercise their basic rights, exclusion of all criminal law intervention, still lack convincing.The third part, from the abstract to explore theoretical divide shelter or introduce prostitution, crime or boundaries needed. First, based on the concept of crime functionalism and clear criminal law should not be to eliminate sex trafficking activities for the task. Secondly, based on the concept of rights-based criminal law, criminal law should be strictly limited specifically modern public authority involving the scope and intensity, it should highlight the protection of the rights of citizens, respect for the individual rationality basic position. Again, based on the concept of social policy autonomy, modern criminal law clearly reasonable efforts to suppress acts of sex trafficking, on the grounds that social governance personal autonomy and community autonomy as the main form of expression, to achieve long-term goals in terms of crime control, independent of the state social autonomy and individual self-improvement is the fundamental social control including criminal involvement are complementary. The rule of law should be based on relativism concept of crime, criminal law concept of right doctrine, social self-centered design criminal policy.The fourth part, from the level of specific policies and existing norms, explore shelter or introduce prostitution incriminate standard. On the one hand, stay calm, direct object that sex workers described the situation, clear the shelter or introduce flaws exist capacity(minors, the mentally ill) people’s behavior, range adjustment attributable to Penal Code section 359; and another, from accepting "sexual services" object and the angle of the practitioners, will shelter or introduce people suffering from serious infectious diseases prostitution, respectively, depending on the crime situation spread of sexually transmitted diseases attributable to the crime of endangering public safety or the Penal Code section 359 adjustment range bar.The fifth, respectively, in the existing legal framework and regulations super level, explain the reasons for decriminalization of other situations. Under the existing legal framework, because the super-individual legal interests can only be reduced to a collection of individuals or a specific legal interests when committing the crime in order to obtain custom legitimacy basis, which determines the behavior of the part should go to the crime of sex trafficking; not in the sex trade the case of the crime, play a supporting role in the part of the shelter or introduce prostitution incrimination is unfounded and should therefore be interpreted narrows Penal Code section 359 adjustment range. In the ultra-regulatory level, as part of the shelter or introduce prostitution Infraction law is not clear, it is inconsistent with the legitimate interests of crime protection principles; reality-based considerations, the state can not eradicate prostitution, sex trafficking activities, but it is wise to recognize sex Service is a professional, and the system of normative mediation services for sex workers and other professional conduct.