Study On The Crime Of Forced Prostitution

Forced prostitution is the most urgent task of criminal law and prostitution crime.Legal provisions and judicial interpretations are vague about the definition of prostitution,and the content of the object of forced prostitution is unclear.Crime and non-crime,this crime and another crime are difficult to distinguish.Therefore,to clarify the criminal law status of this crime,we need to start from the prostitution behavior,define its harmfulness and behavior type through its historical development,and demonstrate the punitive nature of forced prostitution by its harmful nature.Combining the legislative evolution to analyze the concept of this crime,deconstructing its criminal composition,and then exploring the boundaries between other crimes and the correct application of penalties.The full text is divided into six chapters.The first chapter introduces the concept of prostitution.Prostitution is socially harmful because it materializes the dignity of the person and violates the non-tradable nature of sex.The various types of prostitution in history determine the level of cognition and acceptance of prostitution in society.Prostitution in the sense of criminal law is a kind of activity for the purpose of making profits and voluntarily and sexually related behaviors with unspecified subjects,including males and females.The second chapter mainly combines the harmfulness of prostitution and the legislative evolution of this crime to clarify the connotation and characteristics of this crime.The main object of this crime is the social fashion,and its secondary object is the personal right.The object of forced prostitution should be a natural person with prostitution ability and should not include young girls and mentally handicapped persons.The criminal intent of this crime can only be direct intentional,not including negligence and indirect intention.The third chapter analyzes the crime of forced prostitution and non-crime,and the boundary between this crime and another crime.This crime requires the perpetrator to have the subjective intention of forced prostitution and the content of the coercion is prostitution in the sense of criminal law.If the victim is forced to engage in marginal sexual acts such as masturbation and breastfeeding,it can be considered as a forced defamation.The characteristics of social legal interests and crimes protected by this crime are based on the standard,comprehensively distinguishing this crime from rape,tempting prostitution,and assisting in organizing prostitution.The fourth chapter analyzes the criminal form of forced prostitution.The behavior of the actor at the same time infringes the main object and the secondary object constituting the crime,and thus the victim's agreement to reach a sexual transaction with the latter constitutes the sin of this crime.The protagonist and the protagonist know that the victim is forced to engage in prostitution,and that he or she is still involved in the prosecution,and that the co-crime of the founder and the coerced person is determined to be a crime of rape or forced prostitution according to the nature of his or her conduct.In the judicial practice,there is the transformation of organization and coercion,inducement and coercion,rape and coercion.It is necessary to confirm whether there is any implicature and absorption relationship between the two according to the subjective intention and criminal behavior of the perpetrator,and then determine whether the crime should be combined with punishment.The fifth chapter examines the criminal discretion of the crime of forced prostitution.The other serious cases of this crime are those that are comparable to the serious cases listed in the law and judicial interpretation and are not separately conviction.Compared with the harm of the general forced prostitution,the forced means are cruel,the subject is forced to protect and rescue,resulting in the consequences of serious mental damage.All of this shall be recognized as other serious circumstances.The abolition of the death penalty for this crime is a manifestation of the criminal policy which is applicable to the death penalty,which is in line with the principle of adaptation to crimes and punishments.