Study On Conviction And Sentence Of Sheltering Or Introducing A Prostitution Charges

Since the reform and opening,prostitution has disappeared after the founding of the resurgence,and intensified.Countries in order to crackdown on prostitution,not only stipulated the administrative penalties for public security,also rules for criminal responsibility according to law.But for shelter or introduce a prostitution of punishment shall apply to the criminal law or the law on public security administration punishments,is controversial.The punishments for shelter or introduce a prostitution administrative detention from 5 to 15 years in prison,the penalty compared with the international community,not only the heavy sentence,and the amplitude is too large.In addition,different courts around the organ's understanding of the related legal terminology,lead to various places have different legal application,arbitrary strong,led to too much injustice phenomenon,cause the social contradictions.The author as a work in the front line of the judicial personnel,have always thought to shelter in the judicial practice prostitution crime sentencing is overweight,and some of them can directly apply to "public security management punishment law case,rather than having to rise to the height of the" criminal law "punishment.This article writing goal is in the shelter prostitution charges on the problems existing in the judicial application as the breakthrough point,on the basis of analyzing the reason for dispute,the analysis of the existing academic point of view of science as social harm for shelter,to engage in prostitution crime,thus in a lighter punishment under the guidance of the concept,compare similarities and differences of administrative punishment and criminal penalties,claims shall be public security penalties and criminal penalties,easing the sentencing punishment to shelter a prostitution.This paper,besides the introduction and conclusion,the logic is divided into four parts.Besides preface and conclusion,this paper logically divided into four parts:Chapter 1:Shelter or introduce a generation and the typical case of prostitution case.This chapter first briefly introduces the prostitution in the development of our country and the background of shelter or introduce a prostitution case.Secondly,a detailed analysis is introduced li,organizing prostitution case,and DE a shelter or introduce a prostitution case has carried on the comparative study,summed up the focus of controversy shelter or introduce a prostitution case,namely the boundaries of this crime and related charges,legal punishment and sentencing and related legal connotation of the term is not clear.Chapter 2:Shelter or introduce a prostitution charges dispute reason analysis of the law.Combined with the case of this chapter briefly discusses the shelter is introduced to engage in prostitution case related basic theory problems.First of all,based on the consensus,shelter or introduce a prostitution crime theory is briefly introduced about the concept and constitutive requirements.Second,mainly analyzes the dispute at the heart of the reason,namely the existing legislation on serious situation of blank,legal punishment and fine punishment,punishment range is too large,prostitution,organize,and introduces the legal connotation of the term.Chapter 3:Shelter or introduce a prostitution law that elements of crimes.Three sections of this chapter discusses the cognizance shelter or introduce a prostitution are factors to consider.To the first quarter to shelter or introduce a prostitution crime nature belongs to the plot;To in the second quarter from prostitution and national image,marriage and family stability,prostitution and STD,HIV/AIDS spread in three aspects not much argument about the social harmfulness;From the third quarter to shelter a prostitution of administrative punishment and criminal punishment boundaries,shelter the crime of prostitution and organizing prostitution and introduce the boundaries between the crime of prostitution and assist in organizing prostitution Angle elaborates on the cognizance of the crime problem.Chapter 4:Relevant Suggestions to perfect the shelter or introduce a prostitution charges.In this chapter,on the basis of above discussion,from the Angle of legislation and the sentencing of two perfect it deems relevant Suggestions were put forward.The legislation should reduce legal sentence,clear the amount of fine punishment.In sentencing should consider whether to shelter or introduce a prostitution,the object of the shelter is introduced to engage in prostitution,and the status of administrative punishment and criminal record.