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Probe Into The Difficulties Of Introducing Prostitution

Posted on:2017-03-09Degree:MasterType:Thesis
Country:ChinaCandidate:L LiuFull Text:PDF
GTID:2296330503459046Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
In 1991,in the campaign process, in order to track down on criminal acts, we introduced provisions criminalizing prostitution. And in 1997,after the revision of the penal code, formally, we introduced prostitution into the Criminal Law. Although the provisions of the law introduced prostitution as a crime, a lot of problems associated with the introduction of prostitution became the controversial topic of academic and judicial. In this, author just chose several controversial issues they discussed.The first chapter mainly discussed the objects of pimping, how to identify ”prostitution” in the crime of introducing prostitution and the violation of legal interests. Though Supreme People’s Court and Supreme people’s procuratorate had given explanation, for no legal definition, controversy remains. There also controversies about the limitation of “prostitution”, in this thesis, author mainly gave two example to express my opinions. As to the violation of legal interests of this crime, some academics think that introduce prostitution doesn’t have a crime victim, they only violate the legal interests of our society. For this, author explained her opinions. With the development of society, the way of introducing prostitution is changing day by day, in the second chapter of the thesis, author mainly talked about the way of introducing prostitution and how to tell whether it is a crime. Author divided the chapter into two sections. The first section mainly discussed how to tell the way of disseminate card with obscene information is a crime or not. In the second section, author mainly discussed the way of disseminating obscene information through the internet. In the third chapter,author mainly discussed three issues, that is: introducing whoring whether violate the crime of introducing prostitution, the boundaries between this crime and other crimes, boundaries between introduction of prostitution and the crime of organize prostitution and assisting in the organization of prostitution,. In the third section, author mainly introduced recognition of boundaries between consummation and attempted. author mainly compared We written the introduction of prostitution into Criminal Law for more than ten years, but we have never revise it. Society has developed, our sexual attitudes may have changed a lot, and maybe the provisions of this crime is not suitable for now. Compared with foreign countries, the punishment of our nation is for more serious. In addition, both <penal code >and <Public Security Administration Punishment Law> have provisions about how to punish those who introduce prostitution, but there is no definitely boundaries, so that some provinces and cities made their owns. Therefore, author put out my suggestions: we can learn from other countries and take our national conditions into consideration and revise the provision of the crime of introducing prostitution.Fully recognize and understand the way of introducing prostitution, correctly tell an act is a crime or not, violate this crime or other crime, strictly distinct the application of law, and reasonably punish those who violate the crime of introducing prostitution maybe the goal of author.
Keywords/Search Tags:content area, legal interest, particular acts, boundaries, improvement of legislation
PDF Full Text Request
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