The Criminal Jurisprudence Analysis Of Shenzhen "Quick Broadcast Case"

The rapid development and popularization of the Internet to bring convenience to people at the same time also brought harm,the network spread of pornographic material crime is attached to the network environment in a tumor,every time in the erosion of each network user's mind The So remediation network spread pornographic material crime without delay.Shenzhen "fast broadcast case" of the trial and judgments,so that people understand the spread of pornographic material for profit at the same time,but also allow the network to disseminate pornographic material profit crime into the public view.This paper is divided into four parts:The first part is the introductory part.This paper mainly discusses the purpose of this paper,the research significance,the research content and the research method,and summarizes the whole text and leads the following.The second part is for the "quick broadcast case" to review the case and the focus of the dispute summarized.Through the case review to do the understanding of the case,and then give the case of the three controversial focus,that is,"whether the spread of obscene goods?Whether the dissemination of behavior but let it be laissez-faire whether or not from the dissemination of pornographic material profit" to lead below The specific discussion.The third part is for the "fast broadcast" criminal law that.This part is the core of the full text.First of all,"fast broadcast" for an overview of the first "fast broadcast" is what "fast broadcast" what characteristics to understand,and then specifically from the"communication" behavior that "knowing" subjective state of mind that"profit" subjective The purpose of the three aspects of the start,through the perspective of criminal law theory,and then specifically to the "fast broadcast case" analysis,one by one analysis,and ultimately concluded that "fast broadcast company" spread obscene video,and know and supervision is not in place,But can not prove its "profit for the purpose." Finally,the author's point of view,that "fast broadcast"company does not set up to spread pornographic material for profit,but the establishment of the crime of spreading pornographic material.The fourth part is the "quick broadcast" caused by thinking.This part is mainly caused by the "fast broadcast" triggered from the legislative and preventive thinking.Legislative thinking to balance the crime and add legislation on minors.Prevention of thinking to improve the network monitoring technology and strengthen international exchanges and cooperation.