On The Matters Of Disseminating Obscenity Article Crime On The Network

Network spread pornographic materials,just as its name implies is that on the Internet or using the Internet to spread pornographic materials.The invention of the Internet opens a window of the world and make information communication on the wings,ascend to the height of the staggering transmission efficiency,also let the spread of pornographic materials also great changes have taken place.Facing the new challenge brought by the network technology revolution,in 1997,on the basis of the criminal law,The supreme people's court and the supreme people's procurator ate in 2004 and 2004 successively introduced "about is dealt with using the Internet,mobile telecom terminals,call center,copying,publishing,selling,dissemination of pornographic electronic information" the explanation of the concrete application of law in criminal case and the about is dealt with using the Internet and mobile communication terminal,call center,copying,publishing,selling,dissemination of pornographic electronic information the interpretation of the concrete application of law in criminal cases(2).Become effective as of November 1,2015 of the criminal law amendment(9),also in a network environment of the crime was a big step forward,include a 286-one of the article: "refuses to perform the obligation of information network security management".The law in order to solve the emerging network environment of various problems,in this background,this article will traditional spread pornographic materials crime to do a simple comb,focuses on network environment spread pornographic materials crime judicial application related issues.The full text is divided into four parts:The first part,simple combing the basic concept of network spread pornographic materials,such as definition,types and status quo,makes every effort to restore the development history of spread pornographic materials crime legislation,the judicial status quo and the current reality of a new type of network spread pornographic materials crime.The second part,solve to spread pornographic materials crime in law and judicial explanation of basic crime constitution.On the one hand is for the judgement of "obscene",obscene sex is an overall investigation of the dynamic social concept,not constrained by law in the past,need according to the social environment and determine the reasonable range.The second is for the connotation of the "items" rethink,to remain sensitive to new technology,see nature through technology,the idea of conformity of avoid by all means,in view of the development of the problem.The third is to the understanding of the "transmission" and "network communication",grasp the nature of the transmission,can understand the spread of the network environment.The third part,mainly analysis the spread pornographic materials crime under the network environment of accomplice was set up and stop crime form problems.In the network environment,the website managers a general "allow" behavior as a result of spread pornographic materials cannot be incorporated into the punishment scope of criminal law;Internet service providers,Internet information service providers,in the implementation of production,knowing that others copy,publishing,distribution,selling,spread pornographic materials crime,to provide access to help even if there is no mensrea contact,I think still can be regarded as a joint crime;Network spread pornographic materials crime in the subjective intent need according to the related standards,even if the subjective aspect is no crime intentionally mean contact,still can set up the accomplice of network spread pornographic materials.In terms of criminal pattern that site managers,network information service provider for the dissemination of pornographic materials hold no laissez-faire attitude,there is no a criminal attempt refers to a situation;When actively pursuing spread pornographic materials,there is directly intentionally subjective aspect when a criminal attempt refers to a situation.To take the initiative to upload disseminates pornographic materials behavior person,as long as the number of the plot reached the standard of law set up crime accomplishment;For site managers,Internet information service providers,timely stop due to regulatory oversight and objectively spread pornographic materials,discontinuation of a crime as more appropriate.The fourth part,mainly live webcast and P2 P spread pornographic materials two emerging ways as an example,discuss the establishment of the criminal and judicial cognizance question.Network for the use of live,in the form of traditional spread pornographic materials,such as books,video,pictures,etc.,shall be deemed to be spread pornographic materials crime;For direct display of sexual organs,naked or pornography obscene performances shall be deemed to be organization crime.For ordinary users P2 P software,disseminates pornographic materials should not be regarded as a passive spread pornographic materials crime.