Research On The Problem Of The Crime Of Organizing Prostitution

In July 25,2017,the "two" jointly issued "on the handling of the organization,force,seduce,shelter or introduce prostitution criminal case applicable legal issues of interpretation"(hereinafter referred to as the "interpretation"),the judicial interpretation of the definition of a series of problems,the concept of the crime of organizing prostitution,sentencing standard,crime number etc..How to correctly understand and apply the provisions of the "interpretation" is the urgent matter.The full text of the four parts,a total of more than 20 thousand and 8 thousand words.Part one: an overview of the crime of organizing prostitution.This paper first introduces the crime of organizing prostitution in the history of our country;secondly,the concept of the crime of organizing prostitution are analyzed,the theory did not dispute the diversity for means of behavior of the crime of organizing prostitution is controversial: organizational behavior contains forced mode;finally,analysis of the "explanation" to define the concept of the crime of organizing prostitution the discovered from the "explanation" of the provisions are not clear enough,there are not directly come ready to accept either course,organization of prostitution can contain coercion.The second part: the analysis of the constitutive requirements of the crime of organizing prostitution.This article first discusses the "prostitution" of the crime of organizing prostitution.As for "prostitution",the criminal law and its relevant judicial interpretations have not been defined,which has led to a dispute over the meaning of "prostitution" in the theoretical and judicial practice.The author thinks that the criminal law is not necessary to separate the definition of "prostitution" meaning,article 358 th of the criminal law is blank,need reference to the relevant provisions of other laws and regulations,the regulations on public security administration has been on prostitution to explain the situation clearly,from the perspective of interpretation system,public security management regulations "prostitution" the scope of criminal law and "prostitution" should do the same,otherwise it will violate the law of coherence;secondly,the object of the crime of organizing prostitution is the management of social order and good social fashion,not involved in other legal interests;the subject of the crime of organizing prostitution is a common subject,thecompany does not constitute the subject of crime this crime;finally,the crime of organizing prostitution must be direct intention and indirect intention and negligence does not constitute a crime.The third part: the identification of the crime of organizing prostitution.First of all,the reason why the crime of organizing prostitution and forced prostitution is controversial is mainly because it can not determine the relationship between organizational behavior and compulsion.In theory,there are two theories about whether organizational behavior includes compulsive existence,"affirmative" and"Negation".In judicial practice,different judicial organs also have different penalties.The author believes that the crime of organizing prostitution can not include coercion and other means of violence,which is aimed at voluntary prostitution.When in the process of organizing prostitution,forced prostitution behavior,should be convicted respectively,secondly,the crime of organizing prostitution crimes;and shelter or introduce prostitution lure,the formation of the concurrence of articles of law.This paper believes that the organization of prostitution behavior belongs to complex behavior in the behavior structure,constitute prostitution means behavior and purpose behavior are indispensable,since the means of behavior are competition,you can from the control or management of prostitution "to distinguish between the two crimes;finally,this paper argues that there is no need to separate set of assisting in the organization of prostitution and assisting in the organization of prostitution can be used as accessory treatment of organizing prostitution.The fourth part: the sentencing of the crime of organizing prostitution.This paper first analyzes the statutory penalty allocation of the crime of organizing prostitution,and considers that the statutory penalty setting of the crime of organizing prostitution is unbalanced.Secondly,it puts forward some suggestions for sentencing of the crime of organizing prostitution.