On Retention Or Abolishment Of The Crime Of Assembled Pruriency

The crime of assembled pruriency is separated out from "hooliganism". For a long time it did not cause the attention of people. But after Ma’s wife-swapping event was found, it suddenly caused great controversy in the public and academia. The controversy is mainly divided into three kinds of opinions. The first kind of opinion is to abolish the crime of assembled pruriency. Professor Li Yinhe thinks the crime of assembled pruriency is out of date. The second is to retain the crime of assembled pruriency. These scholars believe that for the serious harmfulness, the behavior should use criminal regulation. The third opinion is to modify it. Most scholars think that the assembled promiscuous behavior should be divided into privacy and openness. Assembled promiscuous behavior openly which destroys the social public order should be regulated as a crime as the crime of assembled pruriency openly.The crime of hooliganism can help us to understand the historical background and social background of that time. The crime of hooliganism in the old criminal law has its special historical reasons. On the one hand, this is reference to criminal laws from other socialist countries. On the other hand, China’s special conditions require strict management of social order. But with the scope of the crime is bigger and bigger, it gradually become a pocket crime. To modify it becomes the inevitable choice.This paper provides three related cases and puts forward the judicial dilemma in practice. When the assembled licentious activities into sin, whether it should distinguish between privacy and openness. I analyze the dispute and put forward my views, and if we retain the crime of assembled pruriency, how to solve the dilemma.The legal analysis of the crime can be divided into three sections.Part 1: Starting from the theory of legal interests,whether the crime of assembled pruriency violates the legal interests and What is it specifically. We generally believe that the legal interests can be divided into national interests, social interests and individual interests. When judging whether the harmful behavior violates the legal interests, national interests and social interests should be reduced to individual interests. I think the legal interests the crime damaged is the social order of sexual behavior of non-public. This is a kind of social interests which can be reduced to individual interests as the public have the interests to not get their feelings hurt.Part 2: Analysis of the influence of the modesty of criminal law to the crime. The modesty of criminal law refers to the principle of criminal law should control the range of punishment according to certain rules and the degree of punishment, mainly including economy, supplementary and tightening. In the setting of the crime of assembled pruriency, legislators have considered limiting the scope of criminal law and it reflected in the limit of subject, the provisions of the administrative punishment, limit of the heavier punishment. Mechanical application of law leads to the excessive scope of results.Part 3: Under the influence of the thought of decriminalization of non-victim Crime, to investigate whether the mob adultery should be decriminalization. Non-victim Crime is criminal law concept from western countries. "Crime" refers to the meaning of crime in Criminology and "Victim" refers to the narrow sense of the victim. Western countries have adopted a "highly moral doctrine " in legislation and they have police offense, minor offense and heavy offense. These in our country are criminal punishment and administrative punishment. Most of the non-victim crimes have been excluded from the crime circle.To retain the crime of assembled pruriency is meaningful. The crime of assembled pruriency frequently encounters difficulties in judicial practice. That is because the legal provision is too simple and has been neglected in a long time. I suggest solving this problem by judicial interpretation. First of all, make "promiscuous" standard. Promiscuous is a moral abstract word need to make a restrictive interpretation. "Promiscuous" behavior should only include sexual and indecent behavior. Second, it should involve others. Finally, set restrictions on multiple participants to narrow the scope of the crime.To sum up, this paper argues that the mob adultery should be retained. In order to solve the judicial dilemma in the practice,We can use the judicial interpretations to clear the scope and concept to guide the practical operation.