The Qualitative Study Of Obscene And Pornographic Webcast Behavior

The development and popularization of science and technology have brought unprecedented changes to people's lifestyles and behaviors.The way people access information,disseminate information,and exchange information is constantly expanding.Social methods are also diverse in a complex network environment.As a kind of social way of communication convenience,frequent interaction,and shortening the sense of spatial distance,webcasting has gradually grown from an emerging way to a hot social way.The live broadcaster broadcasts various contents through the live broadcast platform or software,communicates with the audience,and realizes the virtual gift obtained from the audience.Some lawless elements are looking at such live broadcasts with low pay,high reporting,and easy operation.In order to obtain high profits,they want to "make a different path" for live broadcast of obscene pornography.This obscene porn live broadcast not only broke the orderly development of the live broadcast industry,invaded the normal cyberspace environment,but also brought challenges to the judicial practice.The existing criminal law provisions and judicial interpretations do not clearly define how to conduct obscene pornographic live broadcasts.The relevant laws are only the Supreme People's Court and the Supreme People's Procuratorate.They use the Internet,mobile communication terminals,and audio stations to make,copy,publish,and sell.Interpretation of the Issues Concerning the Specific Application of Laws in the Dissemination of Obscene Electronic Information Criminal Cases,and the Specific Application of the Supreme People's Court and the Supreme People's Procuratorate in Handling Criminal Cases of Making Use of the Internet,Mobile Communication Terminals,and Voice Stations to Produce,Copy,Publish,Sell,and Disseminate Obscene Electronic Information Interpretation of certain issues of law(2)(hereinafter referred to as "interpretation(1)","interpretation(2)"),the relevant provisions on obscene electronic information,but in the "interpretation" still does not clarify whether obscenity or pornographic live behavior belongs to Obscene electronic information.Therefore,how to identify in the judicial system becomes a problem.The first part of the article gives a preliminary overview of the profile of obscene pornography and summarizes its characteristics.Obscene porn live broadcasts have the common characteristics of live broadcast,the low threshold of employment,the arbitrariness of the place,etc.,as well as the characteristics of obscenity and ambiguity of punishment.Due to these characteristics,the situation is complicated.The second part firstly combs the four viewpoints on the identification of obscene pornographic activities in theory and practice,and gives a real case: if it is not considered a crime,it should be recognized as a crime of obscenity,it should be considered as a crime of gathering prostitution,and it should be recognized that the dissemination of obscene articles is profitable.crime.Afterwards,each viewpoint was evaluated one by one,and the rationality and inadequacy of conviction on such crimes were analyzed.To analyze whether an act constitutes a crime,regardless of how its form of expression changes its essence,it is only necessary to grasp the point that whether an act is the only criterion for criminality is criminal offense.Obscene porn live broadcasts violate the criminal law objectively and should be punished.To analyze whether an act constitutes a certain crime,it should be comprehensively analyzed whether the act meets all the constituent elements of the crime.The live content of obscene porn live broadcasts is mostly temporary or a live broadcast under the choice of the anchor,and objectively does not have organizational behavior characteristics.The live room is generally a place where the audience can enter and exit at will,and the characteristics of the obscene performance venue can only be met under certain circumstances.In the case of multiple people participating in live broadcasts,it is difficult to distinguish and define organizers and performers,and therefore cannot be identified as a crime of organizing obscenity.The location of obscenity activities should not be limited to the real space.The cyberspace should be subject to the same regulation as the real space.It should be included in the interpretation of the location of obscenity activities.The behavior of many people participating in fornication and conducting live broadcasts infringes the public of non-publicity.Order is in line with the elements of the crime of gathering fornication.At the same time,behavior violates the normal social management order.It is not only impossible to evaluate the profit-seeking purpose of the live broadcaster,but also to deal with the imaginary competition,so it cannot be considered as a crime of gathering fornication.The third part is a comprehensive analysis of the characteristics of obscene pornographic live broadcasts,and fully demonstrates that it correctly constitutes the crime of spreading obscene articles.The conviction rationality is comprehensively analyzed from the aspects of behavior,behavior object,behavior subject and legal interest of violation.Objectively,the content of the live broadcast is obscene,can be repeatedly viewed and shared,and is basically obscenity electronic information.It should be included in the category of obscene articles;the live broadcast behavior itself is to spread and spread information,which is a kind of communication.This kind of obscenity and pornographic live behavior seriously infringes on the order of social management;at the same time,the subject of the act is in conformity with the main elements of the crime of spreading obscene articles,and has a clear purpose for profit;therefore,obscene pornographic live broadcasts should be identified as the dissemination of obscene articles for profit.crime.Through literature indexing,comparative analysis,and analysis of the treatment of obscene pornographic live behavior in judicial practice,it points out the inadequacies and reasonable points.Correctly identifying this behavior is the innovation of this article.