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Study On Dissemination Pornographic Materials Through Internet Crime

Posted on:2017-12-05Degree:MasterType:Thesis
Country:ChinaCandidate:Y J ZhangFull Text:PDF
GTID:2336330509953752Subject:Law
Abstract/Summary:PDF Full Text Request
With the advent of the era of network, computer network has penetrated into all aspects of people's life, including work, study and so on. Network brings us convenient while brings a series of problems, one of the most important is the network crime increase. With the development of Internet, dissemination pornographic materials through internet is increasing, but the law has lag. So there are many problems in judicial practice. In this article, I attempts to study it and find the solution. To study of a crime, we shoud know the criminal object of the crime. About dissemination pornographic materials through internet crime, scholars have different views, some one it hurt a single object, and some people think it hurt complex object, part of scholars believe that belongs to the victim of the crime. There aer some problems about this views. The author thinks that, about violations of the law can be analyzed from two aspects, one is the physical and mental health of minors, on the other hand is the right of adults don't want to contact. This paper studied from five aspects.Part one, Overview of network dissemination of pornographic materials crimes. the characteristics of the crime,and the legislative situation at home and abroad.Part two, the problems appearing in the course of criminal object identified. Theorists have all kinds of theories about obscene criteria, on the basis of various theoretical research, the author was inclined to support the objective of pornographic material relative concept said. The author believes that the obscene electronic information can be classified as obscene materials. Adjusting with the dissemination of pornographic material.Part three, the problems appearing in the course of criminal behavior identified Propagation behavior can be divided into active and passive spread dissemination, The definition of the dissemination in dissemination of pornographic materials is active dissemination. It is easy to identify the activity spread, but whether the passive spread belongs to the crime of dissemination of pornographic materials.Part four, the problems appearing in the course of criminal subject identified.Part five, Based on the above question discussion, to further improve the blow network spread pornographic materials crime legislation to provide the corresponding theoretical support.
Keywords/Search Tags:obscene, pornographic materials, upload behavior, download behavior
PDF Full Text Request
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