Research On The Crime Of Inducing,Indwelling And Introducing Prostitution

The crime of seducing,holding,and introducing prostitution is a crime that hinders social management order,which was stipulated in the sixth chapter,part 8 of the Criminal Law of the People's Republic of China about the crime of organizing,forcing,seducing,holding,and introducing prostitution This crime disturbed the social weathering and social management order related to "kinky" and "sex",thus violating criminal laws and regulations and constitutes a criminal offence.In recent years,with the development of our society,the sexual concept of individual has also took great changes with the emergence of some new changes in the sexual culture,which results in the resurgence of prostitution and in a more and more intense situation.At the same time,the crimes of seducing,holding,and introducing prostitution and other crimes related to prostitution are also increasing trend in practice.Because to pursue illegal interests,criminals risk in specializing in the crime of seducing,holding,and introducing others into prostitution.The new situation has thus led to many new situations and new features of this kind of behavior.The relevant legislative documents previously formulated under the conservative cultural background are not enough to explain and stipulate the new changes in the behaviors of seducing,holding,and introducing prostitution in reality.The problem that there are relatively extensive criminal provisions,and the scope and discretion of statutory punishment are relatively large is becoming more and more obvious,leading to many new problems in judicial practice,which can easily lead to different judgments for same crime and unbalanced sentences.In view of many difficult phenomena in dealing with cases of seducing,holding,and introducing prostitution in practice,it is urgent to take active and effective measures to deal with such criminal acts in seducing,holding,and introducing prostitution.Therefore,to strengthen the research on the illegal acts of seducing,holding,and introducing others to engage in sexual transactions is helpful to promote the development of legislation and the progress of criminal law theory.This thesis mainly started research from the study the contents of the crime of seducing,holding,and introducing prostitution and other related crimes,then analyzed the criminal elements,conviction standards,conviction and punishment,legislative perfection and other aspects of the seducing,holding,and introducing prostitution.In order to study the crime of seducing,holding,and introducing prostitution,firstly,it is needed to define its concept,characteristics,and essence.Through analyzing the current theoretical controversy about the established conditions for the crime of seducing,holding,and introducing prostitution,this thesis determined the criminal composition of the crime of seducing,holding,and introducing prostitution,which is that the criminal object of seducing,holding,and introducing prostitution is a social security management order and a good social trend,and the objective aspect of crime is the act of seducing,holding,and introducing others into doing prostitution.The subject of crime is the general subject,and the subjective aspect of crime is directly intentional.In the meanwhile,the definition of "prostitution" involved in this crime is discussed,and the scope of "others" prescribed by the criminal object is discussed,too.In order to distinguish the crime of seducing,holding,and introducing prostitution with other related crimes,firstly,it is necessary to study the crime of seducing,holding,and introducing prostitution,the crime of organizing prostitution,the crime of assisting the organization of prostitution and the crime of forced prostitution from the perspective of concept and basic characteristics,and to analyze the similarities and differences between this crime and similar crimes in terms of the criminal composition.This thesis focused on the differences in the types of such crimes,and through analyzing relevant cases,this thesis conducted a specific analysis on how to determine whether behaviors conform to the characteristics of seducing,holding,and introducing,organizing or forcing prostitution in judicial practice.Finally,this thesis discussed how to deal with the problem when the behavior of organizing others to do prostitution or force others to do prostitution in consistent with the objective expression of this crime.In order to explore the criteria for seducing,holding,and introducing prostitution,firstly,this thesis analyzed the differences between the current laws,judicial interpretations,and administrative regulations on the rules of seducing,holding,and introducing prostitution,and analyzed the problem of the absence of legislation and the inability to connect with each other for seducing,holding,and introducing prostitution.Secondly,targeting at the problems in the legislation of seducing,holding,and introducing prostitution,they should be solved by applying the reasonable understanding of “the situation is significantly less harmful and not considered to be a crime” in Article 13 of the Criminal Law.However,the sin standards set out in the saving clause are analyzed and studied,so as to make a reasonable distinction and standard between the illegal nature of seducing,holding,and introducing prostitution.Then based on the reasonable understanding of “saving clause ",combined with relevant judicial interpretations,the thesis studied the degree of objective hazard from the number of behaviors,the object of behavior,the consequences of behavior,etc.,to set the criteria for seducing,holding,and introducing prostitution.Finally,combined with specific cases,this thesis explored the understanding and application of the standard for seducing,holding,and introducing prostitution.The problem of criminal punishment of seducing,holding,and introducing prostitution.Through the analysis of specific cases,this thesis shows that the crime of seducing,holding,and introducing prostitution has a large legal punishment changing space in judicial practice,which can easily lead to judicial injustice.Then this thesis discussed the relevant sentencing guidance opinions on the sentencing of the crimes of seducing,holding,and introducing prostitution in the judicial trial,and the conviction and sentencing according to the method of standardized sentencing.Firstly,the sentencing of this crime is to determine the starting point of sentencing through the facts of basic crimes.Secondly,according to the penalty amount and the sentencing circumstances,the benchmark sentence is adjusted,and thirdly,the sentence is determined according to the sentencing method.Finally,according to the concept of probation and parole,this thesis studied conditions for the application of probation and parole on seducing,holding,and introducing prostitution.This thesis has studied the legislation perfection about seducing,holding,and introducing prostitution and analyzed the problems in laws about this crime including not reflecting the differences in the various types of behavior,the seriousness of the crime is not compatible with the statutory penalty,not distinguishing the boundaries between crimes and illegal acts,and too simple about main punishment.This thesis made a systematic distinction for this crime based on the degree of social harm of various behaviors,then this crime is decomposed into two crimes: seducing prostitution crime and holding and introducing prostitution crime,and separately stipulates the crime situation and statutory punishment for the two crimes.