A Study On The Legal Nature Of Coarse Video"Naked Talk"

Shen Mouqiang more than girls QQ video "naked chat" case,in the L County is the first case,to the victim girl physical and mental cause a very serious injury,causing the victim girl parents and family strong indignation,to the local bad social impact.However,there is a clear disagreement over how Shen's behavior applies to the law,between the public security laws and its internal affairs.After trial,L County People 's Court final verdict,Shen' s behavior set up forced obscene women 's crime,molestation of children' s crime.Shen above,the second trial to maintain,the ruling came into effect.This is not the case of L County and Sichuan Province,the first network obscene verdict,although it has come into effect,but this does not mean that the theoretical and practical circles on the case of qualitative dispute ended,not to affect our theoretical re-discussion of the case.The dispute in the case is manifested as a different understanding of the crime and the crime.The crime is different from the crime,and the offense is mainly insulted,and the crime of spreading pornographic material,the crime of obscene performance,the indecent assault,and the insult.From the basic facts of the case,the author has sorted out the main points and reasons of its qualitative existence,and explores the nature of the "naked chat" behavior of the coercive network video and the legal interests of the infringement.I believe that Shen Mou complained to the girl's video naked behavior,violated the victims of the girls' sexual autonomy,privacy and personality rights,the establishment of forced insult.Expectations can contribute to the characterization of similar acts in judicial practice.Introduction and thanks,this article contains four parts.The second and third chapters are the focus of the article.The first part: the case,the case brief,the prosecution to review the prosecution and the court ruling situation.The second part: First,put forward the focus of controversy.Secondly,the author lists the different views and their reasons,mainly related to the two aspects of innocence and guilt.The reasons for the crime are mainly that they think that sexual morality is not the object of criminal law protection,can not be regulated by criminal law,its crime is not only a violation of the principle of legality,nor the spirit of the criminal law of modesty;"Is the right to freedom of freedom and freedom of communication,public authorities arbitrarily interfere with private rights will endanger the rule of law and so on.There are four different views on the guilty aspect,mainly related to the insult to sin,the crime of pornography,the organization of obscene performance,forced indecent assault of others that four kinds of views and support the four kinds of view of the corresponding reasons.Thirdly,the author analyzes the different opinions in detail,advocates that we can not understand the criminal law mechanically,blindly emphasize the principle of the crime and the principle of modesty of criminal law,and the criminal behavior of the "naked chat" But the author does not agree with the guilt of the support of several views,and these views were a detailed analysis and refute.The third part: the author put forward his own point of view and advocate the reason.Focusing on the object from the crime and objective aspects of the analysis and demonstration,that Shen's behavior is a mandatory insult.Part IV: Conclusion.This paper describes the qualitative nature of Shen Mao 's "naked chat" behavior and the author' s analysis of the case.