Analysis On The Boundary Between The Crime Of Organizing Prostitution And The Crime Of Sheltering Prostitution

In recent years,the number of crimes related to prostitution has sharply increased.There is also the reason why the constituent elements of prostitution-related crimes are comparatively similar.The above reasons have challenged the identification of judicial practice.This article takes the case of Jiang and Li organizing prostitution as the breakthrough point.It tries to distinguish between organizational prostitution with shelter and shelter in judicial practice.And on the basis of it,indirectly come to the problems in the identification of prostitution crimes.Suggestions on the above issues.The article starts with the controversial focus of summarizing the basic case.Furthermore,the corresponding points of view are analyzed.This paper expounds the concept of prostitution,the characteristics of organizational prostitution and the constituent elements of sheltering prostitution,and then summarizes the boundary factors between crime of organizing prostitution and crime of sheltering prostitution,and finally puts forward some suggestions on the identification of relevant evidence and the constitution of statutory penalty.The full text is divided into four parts,with the exception of the preface and appendix,the body part totals more than 30,000 words.The first part is introduction.Including the purpose and significance of the study,the content and methods of the study,as well as the difficulties and innovations of the study.The second part is the brief introduction of the case and the focus of the dispute.It consists of a general description of a specific case and the identification of the controversial focus involved.The focus of the dispute in this case is whether Jiang and Li should be acquitted,convicted of sheltering prostitution,or convicted of organizing prostitution.The third part is about the case review.The following is an analysis of the different viewpoints of the case,listing the contents of the law,summarizing the common elements,and using the three-class system of crime to evaluate whether a crime is convicted or not.Finally,the conclusion that Jiang and Li established the crime of organizing prostitution is drawn.The fourth part,thinking and suggestions.It is divided into two parts: the summary of boundary factors and the suggestion of judicial practice.According to the basis of the first three parts,it summarizes the boundary factors between the crime of organizational prostitution with shelters and the crime of sheltering prostitution.Guided by the factors,it finds that there are problems of evidence identification in judicial theory and inconsistency of statutory punishment in legislative theory,and put forward corresponding solutions.