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Study On The Problems Of The Crime Of Spreading Pornographic Materials Through Internet

Posted on:2018-05-06Degree:MasterType:Thesis
Country:ChinaCandidate:K Y ZhangFull Text:PDF
GTID:2346330512988495Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The rapid development of the information age,so that computers and networks gradually integrated into people's production and life,become an indispensable part of today's society,it is a social production and life has brought convenience,enrich the way people communicate,shortening the people the distance between.But the network to bring convenience to people,but also provides a hotbed for crime,in the network environment,the use of Internet technology dissemination of obscene goods behavior is one of them.The judicial interpretation has regulated the behavior of Internet communication,but the specific application is not clear.How to punish the dissemination of pornographic material under the network according to the criminal law and the judicial interpretation is of great significance to judicial practice.This article mainly uses the criminal law explanation science,the comparative analysis method,the positive analysis method unifies the network information technology,and integrates the criminology as well as some focal point case and so on the research method,to the network environment guilty dissemination pornographic object behavior object,the dissemination way,Analysis,combined with the situation of China's network application to do a specific explanation.First of all,the network transmission is in line with the traditional dissemination of pornographic material of the spread of the use of network technology to make obscene items in the network within the scope of this spread through uploading,downloading,hyperlinks and some help spread the spread of obscene materials Pornographic material "is the object of the crime of disseminating pornographic materials under the network environment,with the carrier,can be repeatedly audiovisual obscene electronic information is obscene articles,in the study of the network environment of pornographic attention to the comprehensive must consider the principles of integrity,objectivity and the principle of relevance,we should focus on the knowledge standard of Internet citizen to judge the pornographic material spread on the network,so that it can adapt to the development of modern cyberspace.Secondly,mainly including the general subject and the special subject.The criminal liability of the subject such as the network connection service provider and the content provider platform provider is the dispute in the judicial practice,and the criminal law refuses to fulfill the network securityOn the understanding of the factors,the network service providers should recognize that after refusing to correct the consequences of the possibility of causing harm,in the sense of factors,the serious consequences of Internet service providers should hold a laissezfaire or credulous Finally,there are a large number of the amount and the amount of the provisions of the interpretation of one and explain the two,if there is a large number of the amount of the amount of the provisions of the provisions of the crime of pornography,such as the crime of pornography,The number of obscene provisions,the number of hits,the number of registered members to a certain extent,the dissemination of pornographic material(profit)conviction and sentencing.The nature of the network nude chat case and fast broadcast case can not be separated from the relevant legislative and judicial interpretation.The standpoint of this article is to analyze the legislation and judicial interpretation of the crime of disseminating pornographic material in order to hope to solve the problems caused by such crimes,thus purifying the network environment.
Keywords/Search Tags:Obscene Articles, Internet Propagation, Responsibility, Quantity
PDF Full Text Request
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