Judicial IdentiFication Of The Crime Of Disseminating Obscene Articles On The Internet

The crime of disseminating obscene goods derives a brand-new characteristic in the network age.In the judicial practice,there are many new variables to identify the disseminating behavior of obscene goods in the network.The rapid development of the Internet makes the scope and space of the network virtual world unprecedented expansion.Under this new environment,the crime of disseminating obscene goods is faced with a lot of new variables.Is becoming an important impediment to the management order of the network society.In the judicial confirmation,the main focus of the network dissemination of obscene goods is on the nature of the "goods",the interpretation of the dissemination behavior,the identification of the number of articles and the special evaluation of accomplices.The crime of disseminating obscene goods is endowed with new connotation through the combination of network technology,and the obscene judgment of the substance of the "goods" or the content of the goods produces differentiation and new demanding in the network environment.It is no longer necessary for obscene electronic information to act as the object of crime of Disseminating Obscene Articles on the Internet.Cheap duplication in technology and the public behavior in front of it are the conditions for identifying obscene electronic information as obscene "goods".The development of network technology and the innovation of entertainment mode need to refine and clarify the standard of obscenity of goods.The online obscene video live broadcast,electronic information of homosexual sexual behavior and "ASMR" are obscene and vague electronic information appearing under the development of new media.Defining such information accords with the urgent needs of judicial practice..The semantics of communication behavior in cyberspace is more complex,which involves the space scope of communication,the ways and means of communication,and the differences of communication will all have an impact on the identification of charges."Communication"is the medium of the harmfulness of the obscene electronic information society,and "the space,the way and the will of communication"determine the society.The size of harmfulness,network technology will support the"dissemination"behavior characteristics of the impact of social harmfulness to be unlimited amplification.Interpretation of Several Issues Concerning the Specific Application of Law in Criminal Cases of Making,Reproducing,Publishing,Trafficking and Disseminating Obscene Electronic Information by the Supreme People's Court and the Supreme People's Procuratorate Judicial Interpretation(1)is more stringent.The strictness of the determination of the quantity of obscene articles is reflected in the strict regulation of the determination of the number of different obscene electronic information and the quantitative calculation of the obscenity and physical storage characteristics of electronic information documents.Network technology support is the most critical element in Internet crime.Many of the acts of providing technical support in the crime of disseminating obscene goods on the Internet have caused more harm than the act of perpetrating a crime.Modern network crime is no longer under the individual control of the perpetrator,and Internet technology is the dominant factor.Usually,the crime scale,crime mode,dissemination object and audience of the network dissemination of obscene goods are decided by the technical help behavior.The help behavior in the accomplice gradually dominates the crime,and the importance of the practice behavior in the joint crime is weakening under the support of network technology.The traditional evaluation model of accomplice can not respond to the accomplice behavior of the crime of disseminating obscene goods on the internet.In view of the difficulty of the evaluation of accomplice responsibility caused by the lack of intention connection in the crime of Disseminating Obscene electronic information on the internet,the supreme judicial organ issued the provisions of Judicial Interpretation(2)which weakened the requirement of intention connection.The interpretation of one-sided accomplice in the crime of disseminating obscene goods on the Internet by the judicial organs is limited.In addition,the judicial breakthrough of the "principal offender" has pointed out the direction for the construction of the sanction system after the alienation of the act of helping the crime of disseminating obscene goods in the cyberspace,through the limited recognition and accomplice of one-sided accomplice.The judicial breakthrough of "principal offender" has formed a reasonable evaluation model on the accomplice of the crime of disseminating obscene goods on the Internet.