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Research On Some Difficult Problems Of The Criminal Jurisprudence About Online Prostitution

Posted on:2016-10-17Degree:MasterType:Thesis
Country:ChinaCandidate:L JiaFull Text:PDF
GTID:2296330503451076Subject:Law
Abstract/Summary:PDF Full Text Request
This paper focuses on the online prostitution and some difficult problems in the judicial practice which have occurred under the background of the change of the traditional prostitution crime. This paper discusses the application of criminal norms about the online prostitution from the two aspects of both theory analysis and case analysis.In the first part of the paper, the author uses the ‘X axis’ and the ‘Y axis’ to divide the emergence and development process of the online prostitution into four stages, ‘Zero phase’, ‘Low period’, ‘Moderate period’ and ‘Highly period’. The ‘X axis’ and the ‘Y axis’ indicate the development of the internet and the intervention measure of the online prostitution. At present, the online prostitution does not only include the prostitution advertisements, but also forms a whole set of online prostitution marketing model. With the concept of Internet e-commerce, this paper defines the online prostitution as O2 O model.The second part of the paper mainly discusses the characteristics of the criminal law regulation in traditional prostitution actions and three typical cases of the online prostitution. When we discuss the criminal law regulation in traditional prostitution crimes, it mainly distinguishes the following three kinds of crimes: the crimes of organizing, luring and forcing other persons to engage in prostitution. Criminal law regulation of online prostitution is entangled with how to define ‘organization’. From the aspect of the ‘organizing’ mode, when organizing the ‘individuals’, the key lies in the considerable economic benefit and the ‘dynamic steady‘ control of the prostitutes; when organizing the ‘activities’, the key lies in establishing an effective and information dominated prostitution link. On the legislative purposes, the fight against the ‘crime of organizing other persons to engage in prostitution’ emphasizes fighting against the continued and direct exploitation of the prostitutes. In the end of this part, the author constructs a kind of extreme model, which has analyzed and confirmed the viewpoints about ‘organization’.The third part of the paper centers on the criminal law regulation of the supporting members of the online prostitution. In traditional prostitution crime, the supporting members are convicted of the ‘crime of assisting to organize others to prostitute’. Regardless of the weird differences between the ‘crime of assisting in arranging for another person to engage in prostitution’ and the ‘crime of organizing other persons to engage in prostitution’, comparing to the five types of personnel ‘recruits’, ’pimps’, ’bodyguards’, ’hatchet men’ and ’bookkeepers’, some of the supporting members are not belonging to any kind of the personnel mentioned above as the change from the offline crime to the online crime. Referring to the judicial experiences of regulating online gambling, spreading pornographic information online and online fraud, it should bring the following four kinds of personnel into the criminal law regulation, which includes technology development and operations staffs, internet business staffs, financial service staffs and financial supporters. While there are also two important criterions, the subjective element of crime is fully aware of the situation, and the objective element of crime is the certain degree of the severity.
Keywords/Search Tags:Online prostitution, Crime of organizing other persons to engage in prostitution, Supporting members, Criminal law application
PDF Full Text Request
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