On The Behavioral Structure Of The Crime Of Organizing Prostitution

In recent years,a large number of organized and large-scale prostitution activities have erupted nationwide.These prostitution activities have caused a very bad impact on society,disrupted the normal social order,and have serious social harm.Based on this,Article 358 of the Criminal Law regulates the organization of prostitution,and the Supreme Law and the Supreme Prosecutor have also issued corresponding judicial interpretations to further explain the relevant content of the crime of organizing prostitution.However,due to a series of problems such as the unclear provisions of Article 358 of the Criminal Law and the contradiction between judicial interpretations,there are many disputes about the behavioral structure of the crime of organizing prostitution in the criminal law and judicial practice circles,which is not conducive to crime and non-crime The determination of crime and other crimes will also lead to the phenomenon of "different judgments in the same case" in judicial practice.Therefore,it is of far-reaching significance to define the behavior method,behavior content and behavior object of organizing prostitution.To determine the judicial application of the crime of organizing prostitution,the concept and structure of organizing prostitution should first be clarified.Then,the organization of prostitution is defined as the act of organizing more than three persons to engage in prostitution by means of recruitment,employment,and gathering.Then analyze the organization's prostitution behavior is mainly composed of: behavior mode,behavior content,behavior objects and so on.The behavior of organizing prostitution is "organization";the content of the behavior is "prostitution";the behavior is "others".Regarding the means of organizing prostitution crimes with great theoretical controversy,it should be considered that “organization” includes not only peaceful means such as recruitment,employment,gathering,seduction,accommodation,introduction,but also non-peaceful means.Behavioral content: Simply providing "masturbation" services does not constitute "prostitution" and cannot be criminalized.At the same time,prostitutes must make a profit;The scope of "prostitution" includes sexual intercourse or quasi-sexual intercourse,such as anal intercourse and other sexual activities due to the exposure of private parts,but does not include general sexual behaviors such as masturbation,stunting,and even oral sex.The objects of the crime of organizing prostitution are not limited to women,but also include men and intersex persons.On the other hand,the crime of organizing prostitution does not involve the organizer and is limited to prostitutes other than the organizer.By explaining the above provisions,the effect of reasonably applying the crime of prostitution is achieved.