Study Over The Controversial Issues Of The Crime Of Organizing Prostitution

Prostitution has existed in China for a long time and was once legal.At the beginning of the founding of the People’s Republic of China,the government defined prostitution as an illegal act.This ugly act had once completely disappeared.Over time,however,the phenomenon has resurfaced.In order to crack down on the crimes related to prostitution,the Criminal Code of our country stipulates the regulation of related criminal acts.This article chooses the crime of organizing prostitution to make a special study in order to help the judicial departments to apply the relevant provisions of the criminal law to fight against such crimes accurately.In addition to the introduction and conclusion,the main cadres are divided into five parts.Here is a brief description.The first part is an overview of the crime of organizing prostitution.Firstly,the connotation of prostitution is defined.Prostitution refers to sexual intercourse or similar sexual intercourse(such as anal intercourse,oral intercourse)with non-specific people in order to obtain remuneration,excluding masturbation and breast intercourse for others.Secondly,this paper discusses the legalization of prostitution,lists the views of both sides,and points out that prostitution will reduce human dignity and infringe sexual morality,so we should oppose the legalization of prostitution.The second part is about the disputes on the constitution of the crime of organizing prostitution.The article holds that the object of the crime of organizing prostitution does not include the right of physical freedom.The reason why the law should punish prostitution is not because it is an act of degrading dignity,but because it disseminates the unhealthy sexual behavior pattern of degrading dignity,which harms the sexual morality.Organizing prostitution is a large-scale prostitution,so the object of organizing prostitution crime is also a sexual morality.In objective aspect,men can be the object of this crime.In the subject of crime,the subject of the crime cannot be the unit.This crime is not an identity crime.In the subjective aspect,profit-making is not the necessary purpose of this crime.Indirect intent can constitute this crime.The third part is the analysis of the suspended situation of the crime of organizing prostitution.The situation of the accomplishment of this crime is that the criminal intentionally carries out organizational prostitution by organizing the crime of prostitution,and the prostitution group with three or more organizational objects has been formed on the whole and can carry out business outside.The situation of attempt of this crime is that the criminal takes organizing prostitution as his goal,and has begun to carry out recruitment or compulsory activities,but for reasons other than will,organizational behavior has not completely implemented.The situation of the preparation of this crime is that the criminal carries out preparatory activities for organizing prostitution,but for reasons other than will,he has not been able to proceed with such acts as recruitment and coercion.The situation of the discontinuance of this crime is that the criminal automatically abandons the crime or automatically and effectively prevents the result of the crime from happening in the process from the preparation of the crime to the completion of the crime.The fourth part is about the joint crime of organizing prostitution.The joint crime of this crime can be divided into principal offender and accessory offender.The assistant acts of organizing prostitution violate the crime of assisting the organization of prostitution.The part of the assistant acts that do not belong to the assistant acts(committing acts and abetting acts)should be classified as the crime of organizing prostitution(accessory).The fifth part is about the boundary between the crime of organizing prostitution and similar crimes.The paper mainly analyses the distinction between this crime and three related crimes.They are crime of forcing prostitution,crime of assisting in organizing prostitution and crime of luring,sheltering and introducing prostitution.