Qualitative Sexual Services On Marginal Service

The criminal law of our country has been in the crime of organizing prostitution in the connotation of prostitution is not clearly defined,the supreme law,the Supreme Procuratorate announced the "Supreme People's court and the Supreme People's Procuratorate on the organization,force,lure,organization,introduce prostitution and some issues of applicable law in criminal cases although the interpretation of" the crime of organizing prostitution in organizational behavior are explained in detail but,still did not have a clear explanation of the connotation of prostitution.This is also in the judicial practice there are different understandings around the court to get money for the purpose of providing service of the marginal behavior is in accordance with the criminal law on the crime of organizing prostitution in prostitution have different understanding,the courts throughout the country are on the same types of cases to make a completely different judgment.The different sentence violates the spirit of the rule of law,violates the basic principles of criminal law,destruction of justice image set up for many years.With a case study of Xie Mou in Leizhou,the specific way of prostitution in the organization of prostitution is analyzed,and whether the marginal service behavior of the organization belongs to the prostitution in the criminal law is studied.The full text is about 20 thousand words,divided into four parts:The first part is to introduce the basic situation of the case,that is,the case of prostitution in Leizhou.This part mainly introduces the specific situation of the cases of prostitution,and produces different views on the case and the focus of the case.The second part is the relevant jurisprudential analysis of this problem.First of all,the present judicature is confusing to the organization of marginal service.Secondly,it introduces the reasons for the confusion in the judicial practice,and mainly introduces the existing theories and norms on the disagreement of the prostitution behavior.Finally,in order to solve the confusion of judicial identification,we analyze the three aspects of the crime of organizing prostitution,the principle of balance between crime and punishment,the economic cost and benefit of criminal law,and qualitatively analyze the marginal service of organization.The third part is the analysis and conclusion of the case.Combining theoretical analysis and case specific Xiemou,Xiemou that object does not act in violation of the crime of organizing prostitution did not constitute the objective behavior of the crime of organizing prostitution crime conclusion,does not meet the need to satisfy four requirements,constitute a crime concluded: Leizhou Xiemou does not constitute the crime of organizing prostitution.The fourth part is the inspiration for the study of this case.According to analysis of the three parts and the theory of disagreement,put forward my own proposal to the theory of disagreement,the existing criminal law and judicial processing lag difference.First,improve the perfection of criminal legislationthe marginal services exclude prostitution;Secondly,implement the case guidance system further,overcome the inherent defects of statute law,avoid "somesentence the phenomenon appears again and carry out "everyone is equal before the law" the idea.