The Criminal Law Analysis Of Internet Pornographic Broadcast

The rapid development of computer and network technology brings many challenges for many aspects of the theory of criminal law,the traditional crime gradually alienated cyberspace crime.Facing the new form of network pornography crime constantly innovation ",the provisions of the criminal law lagging increasingly obvious,this also let many criminals in the face of great temptation pornography crime the danger of growing bolder.Live is nearly two years the rise of a new network interaction and quickly occupied the market,its unique charm to attract more and more people involved.But with the development of broadcast industry,derived from porn broadcast as a new network colorThe crime pattern of sentiment flourishes.Compared with the traditional network pornography crime,the network pornography live broadcast faces the community more widely,the dissemination speed is faster,the social harmfulness is also more serious.In view of the vagueness and lag of the relevant articles of criminal law,many people think that the criminal law of our country is not enough to bear the heavy burden of punishing and preventing crime in the face of the new pattern of pornographic crime-the norm of network pornographic broadcasting.The author does not agree with the need to amend or enact new laws.This article aims at several cases in which pornographic live broadcast is the main plot in the past two years,from the angle of criminal law,carries on the qualitative analysis to the network pornographic live broadcast behavior,in order to solve the criminal law application difficult problem which the network pornographic live broadcast meets in the practice.The author believes that the new pattern of pornographic crime on the Internet does not bring the criminal law of our country into a blank situation,and the current rampant crime of online pornographic broadcasting accords with the constitutive elements of the related crimes stipulated in the Criminal Law.In the acts of online pornographic broadcast,the main charges of the anchormanare the crime of spreading obscene articles for profit,the crime of gathering masses and organizing pornographic performances,and the charges of broadcasting live broadcast platform.This paper also probes into the issue of the crime of making profit and refusing to carry out the information security management obligation.