Theory Of Legislative Amendment For The Crime Of Assembled Pruriency

The first paragraph of Article 301 in China’s "Criminal Law" formulate the crime of assembled pruriency, which contains the national attitude is namely: assembled pruriency as an unconventional sexual activity promiscuous sexual activities should be banned,because it has serious social harm so be punished by the penalty sanctions.The crime of assembled pruriency was widely used in the eighties of the last century at the beginning of establishment, then gradually became marginal charges. The case of Associate Professor exchanging wife in Nanjing in 2010 triggered a big discussion about the abolition or not of crime of assembled pruriency in the whole society and criminal law.I agree the view of repealing the crime of assembled pruriency, gathering sex action happening in the closed environment should not be punished by the criminal law, but at the same time to re-regulate the behavior of public fornication. The first part of this article will begin with the discussion of the abolition or not of crime of assembled pruriency, elaborate and comment varieties of perspectives from the retenting faction,abolishing faction and correcting faction.The second part analyzes that there is no violation of public morality and social order of gathering sex action from the criminal law,uses sociology, psychology and science to describe gathering sex action which is rational and lawful in a closed environment, and explanates that there is nonimpartiality and worthless to pursue private gathering activities in judicial practice. The third part of the thesis are proposals to the legislation means, methods and resultsamend of amending the crime of assembled pruriency, establish the crime of public pruriency.The criminal subject of the new crime not only includes multiplayer,but also includes the situation of two participants. The new crime excludes privercy gathering sex activities objectively, retents openly gathering sex activities and adds two participants’ openly sex behavior.Good laws in modern society should view conventional and unconventional sexual need fairly which is from citizen under on social harm, view human natural animals property and unconventional social property fairly. Repeal the crime of assembled pruriency does not mean encouraging and promoting citizen mob behavior, it will not lead to an inevitable result of the prevalence of sexual mob, gathering sex action in public is still regulated by criminal law. In order to guide public morality and protect social order in criminal legal interests effectively, two participants’ openly sex behavior should be included by the criminal law.