The New Qualification Of Naked Chatting On Line

Since the appearance of “the first case of naked chatting in China”in Beijing, the public security organ and the judicial office around thecountry has stept up the efforts on naked chatting on line. But they havemet a problem in the sue. The penal code of1997in our country only hasspecific charges of pornographic materials and obscene performances, butnone of naked chatting on line. The current Public security administrationpunishments and the relevant judicial interpretations have also showedhysteresis of law, and don’t give full play to the function of law, whatbring troubles of no rules to according to the judicial practice.Naked chatting on line is a kind of activity on line that chatter isnaked all or some under the camera with language or behavior reaction.This kind of activity is under the fire since it appeared. People all hopeto punish it severely.This urgent psychological is come from condemnedof naked chatting behavior in moral. But the scope of moral is wide andhas its own standard. So this paper focus the research within the scopeof criminal law.The current views of naked chatting on line in academia world ofcriminal law is confined to the traditional scope of criminal law.Theyhope to find a charges of which constitutive requirements can summary allcharacteristics of naked chatting on line.Actually, they have emphasis its harmfulness to the society too much and ignored its own nature.Infact,there are many kinds of naked chatting on line,each of which resultis different.So not all naked chatting on line is harmful,we can’t lumpunder one head.The “naked chatting on line” is neutral words,theconception of it must be in three parts:Firstly,there are more closebehaviors between husband and wife or between lovers,and they are allright.Not to mention the long-distance virtual sex they have taken toenhance their emotion.So this kind of behavior can not be punished.Secondly,there are no punishment in criminal law to prostitutes andjunker or some other kind of participants of social management broken.Itmust be as the same as naked chatting on line,what can be punished bymoral.Thirdly,the punishments in criminal law to the social managementbroken is aim at the organization and behaviors around it.Because theseare real reasons of social management broken.So the behaviors oforganization,introduction,seducer,shelter or some other kind ofbehaviors around naked chatting on line should be punished by crinimallaw,actually.In this paper,the writer majorly analyzed the natural characteristicsof naked chatting on line,excluded the no-paid naked chatting behaviorthat does not constitute a crime,and compared the different kind of nakedchatting on line with other similar sexual behavior that may constitutea crime.It come to a conclusion that point-to-point paid naked chantingis prostitution.Firstly,virtual violence activities and the infringementto virtual property can bring threaten to security of person andproperty.As a kind of virtual behavior,naked chatting on line can be equalto the sex of prostitution completely,as it can bring the result same toactivity sex,although it has its own innate virtual characteristic.Secondly,the characteristics of nature of trading and uncertainty of themain make point-to-point paid naked chatting more closer to prostitution,except of its characteristics of obscene performance andlicentious.The last,the scope of punishment to prostitution is wider thanthat of obscene performance and licentious.So it will be batter to thecomprehensive blow of this kind of behavior if we qualify thepoint-to-point paid naked chatting as prostitution and punish itsperipheral behavior with criminal law or the law of administrationmanagement.At last,the writer hope this paper will be helpful to judicialpractice.