Research Of The Crime Of The Organizing Prostitution

This article does not in the traditional crime constitution as a way of analysis, buton the basis of the judicial problems of the crime and relevant crimes, in view of theproblems encountered in the judicial application, put forward the new thinking intheory.The article begins from the core of the prostitution crime, prostitution, from"witchcraft prostitutes" to "official prostitutes", from "Beijing way" to "Dongguanmodel", the development of the industry is projected by the changes of the country. Atthe beginning of the founding of new China, the national regulate the industry ofprostitution, and after closing all brothels across the country, making virtually buriedseeds: socialist country and prostitution activities are not compatible. But, along withthe reform and opening up, the objective condition of "success of the ban ofprostitution" has been fundamental changed. From the initial blank of organizingprostitution charges to the setup of legal system, from the decision of the NationalPeople’s Congress in1991"the decision of the forbidden of prostitution " to judicialinterpretation issued by1992, the regulation of prostitution crime is a bit messy andold. The answer in1992has been abolished, but the effect still cannot be ignored inthe judicial practice and theory.The second part of the article mainly discusses the crime of organizingprostitution and the crime of sheltering prostitution. The criminal law adopted simplecrimes way for the two charges, leading the absence of the definition of two core crimes. Because shelter prostitution charges a demand for places, so when exploringthe crime of organizing prostitution and shelter to engage in prostitution, only focuson the crime of organizing prostitution which have places. When define the boundaryof two crimes, three aspects should be considered: first, the size of the place; Second,the number of those involved; Third, strict management system.The third part of the article discusses the crime of organizing prostitution and thecrime of assist in organizing prostitution. According to the provisions of article361ofthe criminal law, the behavior of assisting organizing prostitution is regarded as anindependent sin is a "mistake" made by the Supreme Court. The behavior of assistingorganizing prostitution is a type of organization prostitution crime, should not beseparated. The essence of assisting prostitution is the accomplice of the crime oforganizing prostitution. In order to make up for "mistake" made by the Supreme Court,the field of theory try its best to declare the boundaries of the two crimes, but, to thejudicial practice, the effect makes no sense. The explanation and instruction of thecrime of assist in organizing prostitution list the behavior of assisting, such asbodyguards, thugs, cashier cast, but ignore a vital role in organizing prostitution-"mommy"."Mommy" in this article has certain limitation that her highestresponsibility is the management of the prostitutes, if she breaks the boundary of"mommy", control the entire organization prostitution, then her character haschanged.The fourth part of the article discusses the relationship between the crime oforganizing prostitution and the crime of forced prostitution."The answer" in1992,which have been not work, define the behavior of the crime of organizing prostitutionas recruit, employ, force, seduce, shelter and control people to engage in prostitution.In terms of organizing prostitution and forced prostitution, the method behavior oforganizing prostitution can value the means of violent behavior, and the violence isnot restricted.The fifth part of the article explore problems of five aggravate plots will bediscussed one by one. First of all, the author thinks that the item (2) to the item (5)also can be applied to the crime of organizing prostitution. Secondly, the analysis is about "forced prostitution after rape". The behavior of rape contains force andadultery, what’s more, the force is for the purpose of forced prostitution. Again, theaggravating plot that "forcing girls under the age of14to engage in prostitution"should take strict liability. Since person carry out the illegal behavior of force、organize prostitution on purpose, then he does not need to know all factual elements.Finally, the practice should give up the evaluation of number of prostitution.The sixth part of the article, as the end of the article, is a bit of vision for theauthor to prostitution crime organization. A teacher once said:"students are tooarrogant, citizen a group of lawmakers, then criticism other criminal law scholars,finally give some of their own legislative proposals. What they think and write is toosimple." Although the author wants to be "complex", but feel the ability is limited,just talk about feelings after more than one year in the research of organizationprostitution crime. First, remove the crime of forced prostitution of the criminal lawof article358and abolish of crime of assisting organizing prostitution. Second, reducethe set of legal punishment of the organization prostitution crime and abolish thedeath penalty of organizing prostitution crime. Historical reasons led to the idea that"socialism and prostitution are not compatible”, which is difficult to eliminate. But thesituation that prostitution exists also cannot be ignored. Chinese society can’t abolishconcerning criminal legislation regulation about prostitution, but the existing legalsentence of death penalty, apparently, is too harsh.