| Naked chatting in the internet is a concept directly quoted from social events.Since Zhang Mou's naked chatting in the online was prosecuted by Beijing procurator ate in 2005 for the crime of gathering people to commit adultery and then withdrawn from prosecution.In 2006,the Long You County Court in Zhejiang Province convicted and punished Fang Mou for the crime of Disseminating Obscene Articles(for profit).Under the circumstance that the theory and practice circles have not made clear provisions on the online naked chatting in the criminal law of our country,whether it constitutes a crime and what kind of crime it constitutes.Crime has aroused widespread controversy.In order to exclude the non-criminal part of naked chatting in the Internet and solve the conviction problem of naked chatting in the Internet,it is necessary to discuss a series of problems involved in naked chatting in the Internet.The accurate definition of the concept of naked chatting in the Internet is the premise of the qualitative analysis of criminal law.The concept of naked chatting in the Internet can be explained from two aspects.Broadly speaking,naked chatting in the Internet refers to all acts of naked chatting in the Internet.In a narrow sense,naked chatting in the Internet refers to the one-way or two-way naked body(genitals must be naked)of both parties involved in naked chatting in the Internet and various obscene voices and actions to stimulate each other's sexual desire.The essential attribute of naked chatting in the Internet is obscenity.Only obscenity has the value of discussion and conviction.There are three kinds of naked chatting in the internet:one-to-one naked chatting in the internet,one-to-one naked chatting in the internet,one-to-many naked chatting in the internet and crowd-gathering naked chatting in the internet,organized and non-organized according to whether naked chatting in the internet involves money transaction or not etc.Naked chatting in the internet is one kind of virtual sexual behavior,virtual sexual behavior also includes the behavior of provoking actors with virtual characters as the source of sex;network live pornography is a kind of naked chatting in the online,one-way between the host and audience and two-way between some actors of naked chatting in the internet are not essential differences;naked chatting in the internet behavior and prostitution are related to money purchase.Selling,but according to the purpose of the provisions of the Criminal Law and the allocation of statutory punishment,it can be concluded that naked chatting in the online is not prostitution.Naked chatting in the internet conforms to the three elements of gathering,space and obscenity,which constitute the crime of gathering people for obscenity;the naked chatting in the internet conforms to the crime of Disseminating Obscene Articles(for profit);the naked chatting in the internet conforms to the organization and obscenity performance constitutes the crime of obscenity performance.Finally,firstly,the point-to-point naked chatting in the internet actors who do not aim at making profits doing not constitute a crime.The offence of Disseminating Obscene Articles is constituted by the actors who do not take profit-making as the purpose point;secondly,the actors who take profit-making as the purpose point-to-point naked chatting in the internet constituting the crime of Disseminating Obscene Articles for profit if the circumstances are serious.For the purpose of making profits,the organizers consider that the crime of making profits by Disseminating Obscene Articles and the crime of organizing obscene performances coincide with each other in imagination,and the performers constitute the crime of making profits by Disseminating Obscene articles.Thirdly,the actors or organizers of gathering online naked chats constitute the crime of gathering obscene objects,the crime of Disseminating Obscene Articles and the crime of organizing obscene performances.If it involves luring minors to participate in naked chatting in the Internet,it constitutes the crime of luring minors to gather together for prostitution.Naked chatting in the online infringes on legal interests,but it does not infringe on a single legal interest.Based on the summary and analysis of existing theories,naked chatting in the online infringes on compound legal interests,that is,minors'physical and mental health and social order.Social order includes sexual morality and customs.Criminal law has moral character.Although the purpose of criminal law is not to safeguard morality,morality should also be an important task of criminal law,so sexual morality is also a legal interest.Under the guidance of the principle of protecting the rights and interests,this paper makes an analysis of the constituent elements of related charges involved in naked chatting in the Internet.First of all,naked chatting in the Internet is not a pure practice,and naked chatting in the Internet is not always a criminal offence.Secondly,the naked chatting in the internet conforms to the three elements of gathering,space and obscene,constituting the crime of gathering obscene people;Naked chatting in the online conforms to the crime of Disseminating Obscene Materials(for profit);Naked chatting in the online conforms to the organizational behavior,and the obscene performance behavior constitutes the crime of organizing obscene performance.There are different types of naked chatting in the Internet,and the specific charges involved in different types of naked chatting in the Internet are different,and there are also various differences among the charges.Therefore,it is necessary to distinguish between crime and non-crime,between this crime and that crime.Of course,in order to facilitate the characterization of various acts in theory and practice,the formal responsibility of different types of naked chatting in the Internet is different.Firstly,Organized one-to-one naked chatting in the internet constitutes imaginative coincidence of the crime of Disseminating Obscene Articles and the crime of organizing obscene performances,and a felony punishment is chosen;unorganized unpaid one-to-one naked chatting in the internet does not constitute a crime;unorganized paid one-to-one network naked chatting in the online constitutes the crime of Disseminating Obscene Articles for profit;Secondly,one-to-many paid actors of naked chatting in the internet,if the circumstances are serious,constitute the crime of disseminating pornographic articles for profit.One-to-many naked chatting in the internet,the organizers believe that the crime of Disseminating Obscene Articles(profit-making)and organizing obscene performances coincide with one another,and the performers constitute the crime of Disseminating Obscene Articles(profit-making).Thirdly,the actors or organizers constitute the crime of gathering obscene objects(profit-making)or the crime of gathering obscene objects(profit-making)under different circumstances.Choose a felony punishment.If it involves enticing minors to participate in naked chatting in the internet,it also constitutes the crime of enticing minors to gather together for prostitution. |
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