Research On Several Issues Of The Crimes Of Spreading Obscene Articles On Internet

In recent years,more and more acts of pornographic materials have been disseminated through mobile phones,websites,etc.,which have not only worsened the cyberspace environment,but also impacted our country's kind and honest traditional culture.Different from the traditional crimes of spreading obscene articles,the network has made the spread of the crime beyond the limits of the region and the harm is even more serious.The development of the Internet has allowed criminals to use the Internet to spread obscene articles on the basis of traditional crimes and pollute cyberspace.However,China's regulation of the distribution of obscene articles through the Internet is still not accurate and systematic.In actual judicial practice,the two companies have issued “About Handling Internet,Mobile Communication Terminals,and Voice Broadcasting Stations” in 2004 and 2010.The interpretation,publication,sale and dissemination of pornographic electronic information criminal cases on the specific application of legal issues(1)and(2)are standards for conviction and sentencing,but due to the nature of the network and the speed of dissemination,the criminal law The regulation of the crime of traditional obscenity cannot satisfy its complexity,and these two explanations fail to fully explain some practical problems.The author believes that e-obscene articles are obscene articles in the sense of criminal law and limit the transmission of the crime;when analyzing the obligations of the principal,the obligations of network service providers,network content providers,and network platform providers are different.The duties of post-event deletion,prior audit,and supervision during the event are not one-to-one correspondence.There are also cross-existences between the three parties.Therefore,the obligation does not exist independently.When the crime is judicially determined,the article mainly consists of the subject and the crime.According to the analysis of the aspects of form and jurisdiction,the crime of online dissemination of obscene articles is different from the traditional type of crime of the transmission of obscene articles.Therefore,to solve such problems,it is necessary to clarify the judicial identification standards of this crime,or to modify or reaffirm the original standards..At the time of specific determination,we can learn from the more perfect legislation in foreign countries.Of course,we should also understand the actual situation of the crime in our country in order to analyze the actual problems and the trend of the crime of the Internet dissemination of obscene articles in order to better serve the judicial system.Practice for reference.