Research On The Objective Elements Of Group Licentiousness

Group licentiousness has received extensive attention of many scholars since regulation in criminal law in 1997,and academic circle is controversial for its legislation and application.Group licentiousness,refers to the behavior that three and more participants gather together to engage in licentious activity.Crime of group licentiousness's objective elements include object and objective aspects.The object is public order,that is,code of conduct,people have to abide by in work,production and social life,to maintain the public interest.In objective aspect,it refers to behavior that many men and women gather to engage in immorality."Group" number refers to three and more persons,and immorality refers to sexual activity,not subject to any restrictions or constraint,seeking sexual satisfaction.Group licentiousness has a certain relation and distinction with other behaviors,such as mass naked chatting,prostitution,wife swapping,obscenity and other behaviors,etc.,however,some do not conform to the overtly sexual characteristics,some do not conform to the characteristics of fornication,so they shouldn't be asserted as group licentiousness.Group licentiousness has following defects in objective legislation:No regulation on overtly sexual immorality as crime condition;To use licentiousness is not appropriate in clause of criminal law.No provision on "severe circumstances".Objective aspect should be improved,we must take distinction between publicness and privacy of group licentiousness,erase the crime of private group licentiousness,on the other hand,take overtly group licentiousness as the prerequisite,amend the "immorality" to "sexual behavior";Take"serious circumstances" as condition for constitution of the crime."Severe circumstances" can be explained as:many participants(at least three people);To have sex in the public with large population flow;Bringing damage to participants' body and psychology.