Research On Regulations Of Criminal Law To Child Pornography

Child pornography is obscene material which describe sexual abuse of juveniles,and has been generally forbidden by countries and the United Nations.With the development of internet technology,child pornography has become serious in our country.Lawbreakers benefit from producing,selling or spreading child pornography on net,and it harms children's physical and mental health,disturbs the social orders.Legislation of child pornography is an important action to protect children from sex offenders and to maintain social ethics.However,there is no legal regulation of such a crime in the Criminal Law in China.Child pornography criminal will be punished as obscene articles criminal in the judicial practice.This is not good for fighting the crime or protecting children,and is unparallel to the international legislative trend.The Supreme People's Court and the Supreme People's Procuratorate issued two judicial interpretations,provided the basis for trial in child pornography,but under the statutory principle of crime and penalty,the current criminal legislation has many insufficiencies.For example,lacking of definition of child pornography,and as the subjective factor of crime,the aim of getting profits cause the limited scope of punishment,etc.Foreign countries,Hongkong and Taiwan enacted laws and statues about it.These legislations reflect the thought of children oriented and the stand for strict control.The establishment of child pornography crime is the best way to improving our legislation,because there are differences between child pornography and obscene articles.In conclusion,my suggestions are as follows:First,child pornography crime should belong to the crimes against the rights of the person.Second,producing,selling,spreading or holding child pornography will be regulated by criminal law,no matter with the aim of getting profits or not.Third,we should enhance penalties of the crime of child pornography.