Criminal Jurisprudence Analysis Of The Border Of Prostitution

Prostitution is an act that corrupts morals and violates the law,and crimes related to prostitution in the criminal law,such as the crime of organizing prostitution,the crime of accommodating prostitution,the crime of introducing prostitution,etc.,are the main methods of the criminal law to combat prostitution and prostitution.In this case,correctly defining the application of "prostitution" in various criminal law offences and the criminal law boundary of "prostitution" have become an unavoidable primary and basic problem.If we want to improve the criminal law system of our country,especially the crime of obstructing the order of social management,so as to guide the judicial practice more scientifically,we must solve this problem.If we want to improve the criminal law system of our country,especially the crime of obstructing the order of social management,Although China's criminal law stipulates more comprehensive charges for acts related to prostitution,one point that cannot be ignored is the definition of the meaning of prostitution,especially whether such marginal acts as "oral sex" and "masturbation" can be used as criminal law significance In dealing with prostitution in China,our criminal code and even judicial interpretations do not give a clear answer.In terms of judicial practice,from the 1990 s to the present,the regulations or provisions of the people 's congresses in various provinces and municipalities,the replies made by the Ministry of Public Security,the judicial interpretations made by the provincial high courts and the “two highs” have differed according to the width of the prostitution,From narrow sense,middle sense to broad sense.It is precisely because of the vagueness of the concept of "prostitution" that the people's courts are in great confusion when judging such cases,and the phenomenon of different judgments in the same case is very serious.Regarding the definition of the application of criminal law on the boundary of prostitution,there are still different views in the theoretical and judicial practice circles.This article analyzes the case of Peng's organization of prostitution,and then judges the rationality of several doctrines that are mainly controversial in the criminal law academic community,so as to draw the author's conclusion.Regarding the determination of the boundary of prostitution,from the perspective of judicial practice and academic theory,some views define it as a traditional method of sexual intercourse,excluding marginal sexual behaviors such as masturbation and masturbation and other sexual transactions;the other part of the view is contrary to it.It believes that the prostitution in the criminal law should include all sexual transactions except sexual intercourse in the traditional sense,naturally including masturbation,oral sex and other behaviors;there is also a more eclectic view that only sexual intercourse,anal sex,oral sex,etc."Sexual behavior can be classified as prostitution.In my opinion,the compromised middle meaning is more reasonable,whether it is from the interpretation principle of the criminal law,the principle of the punishment of the crime and the punishment of the crime,or from the modesty of the criminal law,it is the definition of "prostitution" in the criminal law best choice.