| In recent years,the rapid development of network live broadcasting industry has given rise to network porn live broadcasting.Network live broadcasting can be divided into different types according to the content.Network porn live broadcasting refers to the network live broadcasting of pornographic information as the live broadcasting content.In this paper,the behavior of live broadcast of network pornography is defined as the behavior of real-time transmission of live presentation of pornographic information to the audience through the network broadcast platform or website.The characteristics of network porn live broadcast behavior include the specificity of the subject,the complexity of the way,the particularity of the object and the limitation of the purpose.The types of network porn live broadcast behavior can be divided into reprint network porn live broadcast behavior and real-time performance network porn live broadcast behavior.Its concept and characteristics reflect the vulgar values and the breakthrough of the bottom line of the law.In addition,the serious social harmfulness of network porn live broadcast and the lack of pre-regulation make it necessary to regulate the criminal law.Whether the current criminal law can be regulated and whether there are corresponding charges in the criminal law to apply is the key.In the current criminal law,can be applied to Internet pornography on charges of live action mainly includes the dissemination of pornographic materials(profit)crime and obscene performances of sin,but the two had a dispute about the theory of crime itself,such as the spread of the concept,scope of the definition of pornographic materials,obscene performances and the types of organizational behavior,etc.,affect the charges applicable.On the basis of the analysis of the accusation and the characteristics of network pornographic live broadcast,this paper holds that the reprinted network pornographic live broadcast behavior should be punished as the crime of spreading obscene articles(making profits),and the real-time network pornographic live broadcast behavior should be punished as the crime of organizing obscene performances.Finally,the article summarizes the necessity and feasibility of the criminal law regulation on the basis of the network porn live behavior of criminal law regulation recommendations.This paper has a total of more than 40,000 words and is divided into four parts:The first part is the overview of network porn broadcast behavior.This part,first of all,the concept of the live webcast,combing,and based on this,puts forward Internetporn live webcast behavior is based on pornographic information content,pornography refers to express or cause human sexual passion and can poison the mind and body and lack of artistic value and scientific value of evaluative words,thus defines behavior as the scene of pornography is broadcast through the network platform or web site real-time transmission to the audience watching behavior;Finally,the characteristics and types of network porn live streaming behavior are summarized,including the specificity of the behavior subject,that is,the subject of network porn live streaming behavior is the network anchor.The behavior mode is complex,that is,the collection process of pornographic information presentation and transmission process of pornographic live broadcast are carried out simultaneously.The particularity of the behavior object means that the object of the network porn live broadcast is pornographic in the nature of content and dynamic and real-time in the form of expression.The purpose limitation of behavior means that the doer is subjective and intentional,and is usually profit-making.In addition,according to the difference between the representation of pornographic information with fixed carrier and the original presentation of obscene information,the behaviors of network pornographic live broadcast are divided into reprinted network pornographic live broadcast and real-time performance network pornographic live broadcast.The second part is the analysis of the necessity of the criminal law of network porn live broadcast.First of all,the behavior of network live porn has the characteristics of impairing the social management order,damaging the network economic order,infringing on the citizen's sexual morality and easily inducing other crimes,and thus has serious social harmfulness,which has become the key factor worthy of criminal law regulation.Secondly,the administrative laws and regulations and the pre-regulation such as the self-discipline norms of the industry of network porn live broadcast are insufficient,which need the intervention of criminal law.Finally,the current situation of the criminal law regulation of network porn live broadcast behavior is controversial in practice and theory,which increases the necessity of exploring its criminal law regulation.The third part is the feasibility of the criminal law regulation of network porn live broadcast.This part mainly related charges apply to Internet porn live behavior research,in a clear two charges of crime constitution,and combing the relevant theoretical issues and combined with the specific characteristics of Internet porn live,according to the article for reprinted online pornography live behavior to spreadpornographic materials(profit)regulation,the type of real-time performance live Internet porn behavior in organization crime of obscene performances.The fourth part is the suggestion of the criminal law regulation of network porn live broadcast.One is to improve the prepositive norms namely administrative norms and industry self-discipline norms;2 it is to clarify the spread pornographic materials crime of(profit)and organizational obscene performances of relevant concepts,including the dissemination of pornographic materials(profit)on the spread of sin shall be mediated and diffusivity and belongs to the obscene and pornographic electronic information of the item can be present,repeatedly organizations obscene performances of sin against object is obscene performances and place of cyberspace can be obscene performances;The third is to clarify the criminal responsibility of network broadcast platform operators.According to the different roles they play in network porn live broadcast,they should bear the criminal responsibility of indirect principal offender,assistant offender and individual crime respectively. |
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