Study Over The Controversial Issues Of The Crime Of Organizing Other Persons To Engage In Prostitution

As a newborn accusation in the Criminal Law of our country,the crime of organizing other persons to engage in prostitution has not been officially established until the promulgation of the Criminal Law in 1997.However,the articles only regulate it as the simple count of a crime.It is difficult to apply the law to solve all sorts of problems in juridical practice.Thus,in this thesis,the writer intended to propose some ideas against the controversial issues of this crime and hopes that the issues could be solved as soon as possible.This thesis consists of four chapters.The first chapter introduces the legislative situation and definition of the crime of organizing other persons to engage in prostitution.Firstly,the writer introduced and analyzed the legislative revolution of the crime of organizing other persons to engage in prostitution in China and the legislative situation of the crime of prostitution and whoring at abroad.The writer believed that the definition of prostitution that foreign countries have adopted has a referential significance for our country,and as for punishment,we can refer to the foreign practice that gives the criminals different prescribed punishment based on the ways,severity and harmfulness of the crime.Secondly,through analyzing the essential factors of the crime,the writer concluded that its exact meaning is that through the ways of recruiting,employing,forcing,luring,sheltering and procuring,the actor manipulates some people and arrange them to engage in prostitution.The second chapter is the exploration over the controversial issues of the constitutive elements of the crime of organizing other persons to engage in prostitution.As for the object,it is believed that the criminal object of this crime is social morality,excluding the right of personal freedom.The target of this crime is not only confined to women but also includes men.As for the objective circumstances,it should be considered that offering “masturbation” service does not belong to the category of prostitution in Criminal Law,and automatically its organizer cannot be charged with the crime of organizing other persons to engage in prostitution.And“forcing people” should also be considered as the “organizational behavior”.The subject of this crime is the general subject,excluding the unit.The subjective aspect of this crime requires the actor conduct the objective behavior only in direct intention.The third chapter is the exploration among different accusations of the crime of organizing other persons to engage in prostitution.Firstly,this chapter defines the crime of organizing other persons to engage in prostitution and the crime of assisting to organize other persons to engage in prostitution.And the writer believed that in the crime of organizing other persons to engage in prostitution,there should be a principal criminal and an accessory.Secondly,this chapter analyzes the boundary between the crime of organizing other persons to engage in prostitution and forcing other persons to engage in prostitution.It is believed that the key difference between these two accusations is that organizing other persons to engage in prostitution is an organizational behavior.Thirdly,this chapter tells the differences between the crime of organizing other persons to engage in prostitution and the crime of luring,sheltering and procuring other persons to engage in prostitution.The key point to distinguish these two accusations is that whether the conduct is organized and manipulative or not.The fourth chapter is the exploration of the punishment of the crime of organizing other persons to engage in prostitution.Firstly,the abolition of the death penalty is not the indulgence of the criminal who has committed a felony or colluded with the gangs.And the starting point of the punishment of this crime should be lowered properly while short-term imprisonment penalty should be added.Secondly,the punishment of this crime should be severer than forcing other persons to engage in prostitution.And the penalty should be rated,where forcing other persons to engage in prostitution should be more severely punished than in any other ways.