Decriminalization On Assembled Pruriency

For a long time, the crime of gathering promiscuous in judicial practice, almost in a semi-abandoned state. On the other hand, with the thoughts of liberation into the life of today’s society, often can appear associated with this event. Associate professor from Nanjing Ma Yao Hai "Wife Swap" case to some time ago the hubbub of the "Haitian feast" practice "Xue Manzi incident", and judicial opinion had a different assessment.This article aims to combine public and practices from the chaos, and summarized the current practice of the crime of gathering promiscuous focus, proof of non-public gathering promiscuous behavior in violation of criminal law and punishment The punishment loopholes, and with reference to compare foreign judicial legislation practice finding of this crime to make in-depth discussion, draw out the necessity of appropriate mechanisms and sin ought conclusions.This paper mainly through the following four parts:The first part analyzes the current situation of mob adultery, and which summarizes the main deficiencies. First, the introduction of relevant cases, disputes reflect the different points of this crime from a different emphasis. From a historical perspective the author then describes the legislative history of mob adultery, review the legislative practice of its predecessor hooliganism, which summarizes the historical legacy. Finally, the author summarizes the finishing theorists different theories about the crime of gathering promiscuous, and is divided into abolish that said retention and compromise, said the three factions, respectively Analysis.The second part focuses on the theoretical argument promiscuous gathering crime mechanism established. From sexual customs criminal history source pulse perspective of sexuality original motivation, form a path of moral values, in order to demonstrate the natural causes of crime mechanisms; involvement of perspective from the moral level of criminal law, to monism, di- addressing cross-theory point of view a discussion of the necessary limits in mass promiscuous activities and interventions in the criminal law; victim of crime never proved, in practice a lot of mass promiscuous activities with the reality of sin and may support the theory.The third part focuses on the conditions of the crime content. First it pointed out that privacy is a crime of gathering promiscuous substantive conditions, and to support this view three aspects. Discuss the privacy and infringement of legal interest that privacy and interpretation system requirements, privacy and Criminal Law theory theory. Secondly, to discuss "fornication" as the objective of defining the problem behavior, in comparison derived as reasonable extension. The last concern "among adults," as a condition of the rationality of the crime, questioning of minors subject eligibility, and propose solutions path.Part four focuses on the level it ought to perfecting legislation. The possibility of legislative practice abroad and classified statistics, and public indecency on the Establishment of an opinion. And investigate openly and in public areas of criminal law from the legislative point of view to understand style.