The Understanded And Identified Of Prostitution

With the development of market-oriented economy and the spread of western sexualliberation and free thoughts in recent years, traditional sexual morals has been impacted, andsexual behavior has become more and more diversified, and there has been appearedaphenomenon of increasing numbers of methods to provide sexual service, such asmasturbation, in society. According to analyze the case of Mr. Zhu introducing and shelteringprostitution, this paper will further study prostitution connotation and denotation from allsides, which will draw a conclusion that introducing and sheltering prostitutes forwhoremasters to provide masturbation service won’t be identified as a crime. Therefore,prostitution should only include traditional sexual intercourse, but exclude noncoital sexualbehaviors, such as masturbation and fellatio, etc. It in favor of providing some case of how toanalyze prostitution in practice, guiding practice and striving justice judgment.Furthermore,Itcan maintain the lawful rights and interests of litigant and all people are equal before thelaw,protect human rights and combate crime.This paper will be divided into four parts.In part one this paper will analyze basic information of the case. Firstly, the paper willintroduce brief of a case, namely the case of Mr. Zhu introducing and shelteringprostitution. Secondly, the paper will introduce details of the case. When running “Tian ShiYuan” hair salon, Mr. Zhu carried out illegal activities of introducing and sheltering lots ofwomen to provide masturbation for whoremasters to seek unlawful interests. Thirdly, thisarticle will elaborate divergent opinions about the case. Some people hold that Mr. Zhuconstitutes the crime of introducing and sheltering prostitution. The reason is that from broadpoint of view, prostitution not only includes sexual intercourse, but also includes other ways,such as fellatio and masturbation, etc. Others take the view that Mr. Zhu doesn’t constitute thecrime. Because for the moment our country Criminal Law and other related judicialinterpretation have never explicitly stipulated prostitution behavioral pattern, and according tostipulations of the principle oflegality, no crime without a law. Finally, this paper willsummarize bone of contention of the case: whether providing masturbation service for thepurpose of money trading should be determined as prostitution in the sense of criminal law. In part two this paper will carry on the legal principle analysis of the case. Firstly, atpresent the characteristics of prostitution in our country include following several points. Thedegree levels of prostitutes are higher, and the gender involved in prostitution is diversified,and the tendency of industrialization and gang of sexual service industry isevident. Furthermore, the reasons of prostitution include social, cultural and economicaspects. Secondly, this paper will explain the regulation differences of all the countries andregions from China’s Taiwan area, some foreign typical countries and China’s mainlandrespectively about the stipulation of prostitute connotation and denotation. Thirdly, it isrecommended that we should persist in the principle of legality and the modest restraining ofcriminal law. Fourth, this article will analyse the stipulation of prostitute connotation anddenotation from economic, social, legal costs, etc. Lastly, the article will defineprostitution connotation and denotation from above theoretical analysis.In part three this paper will analyze the constitutive components of introducing andsheltering prostitution about the case from above theoretical analysis, Finally reach aconclusion:Providing masturbation service for the purpose of money trading should not bedetermined as prostitution in the sense of criminal law and Mr. Zhu doesn’t constitutes thecrime of introducing and sheltering prostitution.In part four this paper will gain enlightenment about the case:The use of the law shouldmeasure surmise.Combating crime should observe provisions and principles of laws.weshuould only provide some serious social harm behaviors for the crime.It not only accordwith the principle of the modest restraining of criminal law and in favor of costing savingsof law.