On The Crime Of Attracting?Sheltering And Introducing Others Into Prostitution

In the long history of human society,prostitution and prostitution exist for a long time.After the founding of new China,this phenomenon was eliminat ed in a short time,but the phenomenon of prostitution appeared again in 1980 s.The lure,the tolerance and the introduction of prostitution have seriously co rroded and infringed on the sexual customs of the society,causing a series of illegal and criminal problems,and the criminal regulation of our criminal law has been carried out in our criminal law.On the premise of redefining the con notation of prostitution,this paper studies the constitutive requirements and spe cial forms of crime of the crime of inducement,tolerance and introduction of prostitution,in order to promote the correct application of the crime in judicial practice.The full text is divided into six chapters.The first chapter introduces the phenomenon of prostitution at home and a broad,and investigates the general situation of criminal regulation of related be haviors.Prostitution refers to the activities of prostitutes who engage in general ized sexual activities with the purpose of making profits with unspecific homos exual or heterosexual objects.The harmfulness of prostitution lies in the materi alization of sexual behavior and human dignity,which violates the sexual beha vior that human sexual behavior should be based on,and has a strong social h armfulness.And the act of organization,seduction,introduction and shelter has doubled the harm of prostitution,so it has the social harmfulness that should be punished.The second chapter aims at clarifying the connotations and main characteri stics of the crime of seduction,retention and introduction of prostitution.The c rime object of this crime is a sexual fashion based on feelings and non tradabl e sex.The target of the lure is the person who has no prostitution will,the o bject of shelter and introduction is the prostitute,including the male and femal e voluntary prostitutes,but it does not include those who are unable to identif y their own behavior,such as children and the dementia.The subjective aspect of a perpetrator can only be composed of direct intent,and there is no room for indirect intent or negligence.The third chapter analyzes the boundaries between this crime and non crime,and between this crime and similar crime.As the administrative law and t he criminal law have relevant provisions on the temptation,tolerance and intro duction of prostitution,it is necessary to consider the severity of the social har mfulness in addition to the quality of the crime,such as the introduction of th e behavior of prostitution and the temptation of others to prostitution.The disti nction between this crime and the similar crimes such as organization,forced prostitution and the crime of assisting in organizing prostitution should be strict ly differentiated from each other's constituent elements.The fourth chapter analyzes the special form of the crime.This crime is a result offense,that is,the inducement,retention and introduction behavior of t he actor poses a real threat to the legal interest,and this crime is accomplishe d form.Because this crime is selective,the constitutive requirements of the thr ee criminal acts are different,and whether they are established usually does no t affect each other.It is a crime with the same object of crime.Different acto rs have different ways of seduction,retention and no contact.They belong to different crimes and do not affect each other.When we identify the joint crim e or the number of offense,we should pay attention to whether there is a tran sformation in the behavior of the perpetrator.The fifth chapter analyzes the problem of the application of the criminal p enalty.This crime is heavier in terms of terms of imprisonment.It is too simp le for the principal and punishment to divide the files,and the span of heavy punishment is too large.The basic crime of five years' imprisonment is also hi gher than that of the same kind of crime.In terms of form,the fine of this c rime is a way of double penalty.When it is applied,it should be noted that it is compatible with the trend of penalty mitigation.Finally,after concluding the conclusion,after concluding the innovation of this article,it is suggested that when the crime of temptation,tolerance and p rostitution is found in the judiciary,we should pay attention to the accurate gr asp of the concept of prostitution,correctly understand the new judicial interpr etation,and consider the actual situation of the case in the specific conviction and sentencing,so as to better apply the laws and regulations to achieve punis hment.The effect of both punishment and education.