A Criminal Law Analysis Of “Quick Broadcasting Company Spreading Obscene Articles For Profits”

In the new era of information age,the difficulty of establishing criminal regulation on acts of Internet service providing agencies has raised to a new level.Especially for the recent P2 P technology,due to its advanced,diversified,covert transaction mode,it is intriguing for none specialists to understand its principles and proceedings which often make the judiciary difficult to definite criminal acts because of the position of“technology neutral”.The famous porn involving case of Qvod Player incurred hot debate on activities of Internet service providing agencies and raise controversies in education and mass media.This paper is based on Shenzhen Qvod Technology Limited Company's porn involving case,starting from the discussion and controversy caused by this case,referring to the current regulations on internet-based commercial porn spreading activities in criminal law,from the angle of crime constitution,jointly crime and related criminal theories to analyze its properties,summarize the evolving reasons and provide practical suggestions,therefore,to prohibit the outlaws committing crimes in the name of “Technology neutral” by taking the advantages of legal loophole.Thus,it can also help purify the internet environment and provide practical support to web-based crimes under the circumstances of P2 P technology.This paper will take the procedures from raising the question,analyzing the question to solving the question,combining case analysis method,comparative research method and inductive-deductive method and so on,to conduct the comprehensive research.The details consist of four parts.At the first place,to present the question.The first part of this thesis is about general summary of the case of the Shenzhen Qvod Technology Limited Company 's commercial porn spreading and Profit-making activities.The second part is to sum up the dispute focus and its debate of theory of the case.In the nest place,to analyze the question,which is the third part of the thesis.It proceeds the legal analysis of the case,separately from the angle of the constitutiveelements of crime,common-crime and legal principles.And then,this part defines the incrimination of the web technology's provision act of Peer-to-Peer Internet Service Provider and makes clear of the charges according to different act.In conclusion,to solve the problem,which is the fourth part.It puts forward advice on the basis of reasonable holding of intervention scale of Criminal Law regulation and scientific application of the related criminal charges.