| The crime of assembled pruriency is a new charge added to China’s cancellation in 1997 based on the crime of hooliganism.This crime since the establishment of the there are many disputes of scholars at the beginning, especially in recent years has several affected all the fornication cases, has aroused heated discussion in the academic and practical circles, also makes this one accusation is waste and once again become a hot topic in the community.The mob adultery as a product of a specific time in our country, which was established for the main purpose is to maintain social order. At that time, the charge is in line with China’s national conditions and legal traditions, but with the development of society and the improvement of citizen’s right consciousness, the crime also gradually highlights a lot of unreasonable.On the one hand, design method of the over expanding the scope of public power and narrowing or even ignore the existence of individual rights, contrary to the requirements of the modesty of criminal law, and with no victim of non-crime against the principle.On the other hand, with the development of society, changes in people’s attitudes and public protection of sexual rights requirements are also getting higher and higher, in the legal system of most countries in the world are not set the assembled pruriency sin such a crime, but the immoral behavior is divided into type openly immoral behavior and private licentious, so the existence of the crime also and the protection of sexual rights have conflict too.Therefore, the comprehensive consideration of various factors, should from legislation abolished promiscuous crime, to private promiscuous behavior to implement the decriminalization; to openly type promiscuous behavior should be punished them in accordance with the relevant provisions of the Security Administration Punishment Law,without the intervention of the criminal law; to allure minors to participate in mass promiscuous, can be classed as indecent child crime. |
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