Study On The Accomplished Standard Of Forced Prostitution

With the reform and opening policy,China has made great achievements in its economic construction,which has brought great improvement on Chinese people's quality of life.However,due to the long-term lagging behind in terms of cultural construction,Chinese social problems are getting serious.Lawless and criminal activities,such as prostitution and whoring and something caused by them,frequently occur in these days,which impair the administration of social order seriously.Among a series of crimes in term of prostitution,crime of enforced prostitution has the most severe danger to society.Because of the complicacy of the legal interest of the crime of enforced prostitution and the lack of concern on it in the scope of law science,there has been a great deal of controversy in theory in standard of accomplished crime of enforced prostitution.In our judicial practice,it's very often to see that different judgments are made on similar cases.This paper based on the analysis of a real case,is trying to put forward a standard,on accomplished crime of enforced prostitution,which is more in line with its objective constitution.The article is divided into four parts.Part 1: basic facts of the case,including the cause of the action,the brief introduction of the case,different opinions and the focus of controversy.Part 2: jurisprudential analysis,the core part of this article,consists of three aspects.The first aspect explores the legal interests of crime of enforced prostitution,and presents the disputes over it in the criminal law theory field,and analyzes the main reason behind these disputes,then comes up with an idea that the core legal interest of crime of enforced prostitution is the social order and the sexual autonomy of the victims,combined with the essential characteristics of itself and the related judicial practice.The second aspect studies three different standards of accomplished crime in the criminal law theory field and analyzes their existing problems and shortcomings,and then proposes a viewpoint that it's more reasonable to use the theory of offense of legal interest as the standard to judge an accomplished crime.The third aspect points out the defects in four different views on the standards of accomplished crime of enforced prostitution by analyzing them in detail,and put forward we should consider it from the following two angles: The first is the type of the crime.It concludes that crime of enforced prostitution belongs to consequential offense in the paper by making the difference between behavioral offense and consequential offense and considering the objective characteristics of it.The second is the judging method for the crime.This paper argues that the degree of violation of legal interest which is presented by objective behaviors,serves as an element to ascertain a crime.After studying the objective behaviors of crime of enforced prostitution,combined with the content of its legal interests,the paper holds the point that the accomplished crime of enforced prostitution is symbolized by the fact that the offender initiates the act of sexual intercourse or abnormal sexual conduct comparable to sexual intercourse.Part 3: detailed analysis and conclusion of the real case.At last the author of the paper concludes that the criminal suspect's acts constitute the attempted crime of enforced prostitution based on the analysis of the specific case and the viewpoint of part 2.Part 4: reflections on crime of enforced prostitution,including clarifying the key and difficult point of studying it and answering how to correctly understand the criminal behavior and criminal consequence.