Research On The Problem Of Affray Crime In Judicial Practice

The crime of assembled pruriency is a newly added accusation in Criminal Law of 1997.The law was added initially due to the deletion of the crime of hooliganism with the major function of correcting the unhealthy social customs.As the sexual case of Ma Yaohai's wife exchange in 2010 in Nanjing and the event that Li Yinhe appealed to cancel the crime of assembled pruriency showed up,the crime of assembled pruriency stated in article 1 of clause 301 in Criminal Law has attracted heated debate among the public.Many multi-people sexual activities have appeared,so from legal perspective,relevant legislative institutions need to criminate the crime of assembled pruriency again.Therefore,it has brought about heated debate among people of all circles.The author points out that the crime of assembled pruriency is a typical no-victim crime which is few in number stated in Chinese laws and regulations.Chinese laws never regard drug-taking and abortion as criminal behaviors.But the crime of assembled pruriency is a little different with two above-mentioned crimes.It is considered as a crime but there is no victims.So it is significant to discuss its existence or abolishment from the perspective of no-victim crime.With non-victim crime as the starting point,the article firstly reconsiders the crime of assembled pruriency.Assembled pruriency has the characteristic of privacy and is people's selection of individual rights and freedom.And people are free to select what kind of sexual behaviors.If it is forbidden by the law,it is lawbreaking making the modest and restrained principle of Criminal Law get damaged.We can consider the crime of assembled pruriency as disturbing order at public places because the object is not the moral or social rules.Seeing from what we have mentioned above,it is necessary to modify the crime of assembled pruriency.But it is private behavior,there is no need of crime penalty.If it is conducted publicly,it breaks the law so that it should be treated differentially.Secondly,there is the difference between principal crime and other crimes.The first type is assembled naked chatting.Difficulties: firstly,assembled naked chatting cannot constitute the pruriency;the other question is whether the assemble place is covered with network.The second type is assembled whoring.It is very hard to determine the infringement of legal interest and privacy.The third type is gang lodging and rape.It is difficult to determine the legal interest of crime infringement.At last,the legislation of the crime of assembled pruriency should be conducted through combinging legislations and precedents in developed countries with Chinese Criminal Law.The article has discussed the legislative defects of the crime of assembled pruriency.Change the regulation in article 1 of clause 301 in Criminal Code and exclude private assembled pruriency within legal scope.But it only requires partial modification,that is to say,the item of article 2 that the crime of inducing juveniles' assembled pruriency.Meanwhile it requires to implement limitations that adolescents over age 18 are allowed.The modification is to accord with demands for development of times.