Qualitative Research On The Behaviors Of The Crimes Of Disseminating Pornographic Materials Through The Internet

The nowadays society is society of information explosion.The vigorous development of Internet has well promoted the prosperity of information media.The spreading of both text and image has become extremely fast,which brings people convenience of daily life and exchange of ideas.However,the law of human historical development tells us that any scientific discovery and technological invention has pros and cons of two sides.As one of the greatest inventions of the 20 th century,the Internet is no exception.We should see that the network while giving people convenience,also easy to become illegal activities such as its a hotbed of crime.The traditional behaviors of crimes of disseminating pornographic materials are leasing,lending,spreading,giving.But the emergence and popularity of the Internet reduce the cost of spreading pornographic material,which present a tendency to replace the traditional way of disseminating pornographic materials through the network.Therefore the crimes of disseminating pornographic materials through the network have become a common forn of Internet pornography crime.About the subject and subjective attitude of disseminating pornographic materials through the network,There wasn't much controversy in academic and practical departments.But scholars and judicial workers have lively debated on the objective behaviour of disseminating pornographic materials through the network.First of all,on the issue of object behavior,it is necessary to accurately define pornographic materials' s nature and position of the crimes of disseminating pornographic materials through the network.For judgment obscenity,we need to draw lessons from the legislative experience of other countries and interpret licentious that Criminal Law stipulated.Given the angle of interests,we can affirm that provoking libido,affecting the sense of shame should be the essential connotation of obscenity.In standards of judging pornographic materials,we should treat point of common cognitive,point of relative obscenity,point of comparative measure dialectically,adhering to the princple of integrity,objectivity,relevance.Pornographic electronic information whether to belong to pornographic materials is also a controversial academic point.This paper argues that pornographic electronic information is easy to reproduce and restore.It is reasonable to interprete that pornographic electronic belongs to pornographic materials,without violating the principle of prohibiting analogy interpretation.Secondly,in terms of behavior,disseminating is the basic behavior of crimes of disseminating pornographic materials through the Internet.How to interpretate it affects the questions of crime or not crime,this crime or that crime in juridical practice.We can borrow a distinction from the definition and fundamental mode of disseminating in communication sciences and reexamine our interpretation of disseminating.This paper argues that disseminating through the network has the characteristics of convenience,high efficiency,interactivity and hidden.No matter from the perspective of the theory position or the judicial practice,disseminating through the network should be incorporated into the behaviors of the crimes of disseminating pornographic materials.The development of the theory always serves practice.Theory breakup from practice can only be a windy shell.On the basis of study of behavior object and mode of behavior,we can accurately identify the behaviors of the crimes of disseminating pornographic materials through the Internet.Upload behavior,download behavior and hyperlink behavior are three kinds of majority of criminologists behaviors of the crimes of disseminating pornographic materials through network.This paper will discuss and identify the question of crime or not crime,this crime or that crime of these three behaviors under the background of the changing of Internet technology.Certainly,it is imposible to include all the behaviors by listing upload behavior,download behavior and hyperlink behavior.Therefore,this paper sets up a special chapter to discuss other multiple behaviors of disseminating pornographic materials through the Internet in juridical practice.spreading pornographic materials between couples,classmates,colleagues,friends,disseminating pornographic materials by WeChat group and QQ group,uploading pornographic materials to network backup,obscene broadcasting by webcast platform and software are more easily happen in life but with little focus on.We can take the opportunity to discuss and identify these behaviors.