Probing Into The Difficult Problems Of The Crime Of Organizing Prostitution

Throughout the recent years,as the deepening of reform and opening up and the establishment of the market economy,China's economic construction has made unparalleled achievements,while the construction of spiritual civilization has made great progress,it has also brought challenges.With the increasing openness of the public's ideas,the protection of social morality and fashion has become weaker and weaker.One of its manifestations is the reappearance of prostitution,a difficult problem in the old society.There are more and more prostitution organizations,and there are many ways to organize prostitution.New forms of prostitution are emerging and the scale of prostitution organizations is growing.In judicial practice,there are different opinions on the handling of cases of prostitution and whoring.The purpose of this paper is to solve some problems through the detailed argumentation and reasoning of the crime of organizing prostitution: in judicial practice,there are distinct judgment standards of crime and non crime,and improper sentencing.This paper mainly adopted the combination of annotation research and case study,and analyzed the controversial issues of the crime of organizing prostitution at the illegal level and the responsible level.It combined theory with practice,from annotation to case,and then deepened the understanding of relevant theories.The core point of this paper,of course,is that the legal interest infringed by the crime of organizing prostitution is the social moral fashion and the non tradability of sex.We should expand the prostitution in the sense of criminal law with an open vision and social reality when we understand the way of prostitution,identifying the necessary of distinguishing the principal and accessory of the crime of organizing prostitution in the joint crime.At the beginning,the author introduced the current situation of the crime of prostitution and whoring from the legislative evolution of the crime of organizing prostitution.The main contents and viewpoints of the paper are shown in the main body.The main body is subdivided into three chapters.In the first chapter the author uses simple cases as the material to analyze the constitution of crimes.It analyzed the disputes on the illegal and responsible aspects of the crime of organizing prostitution in the way of expanding hypothesis.The legal interest protected by the crime oforganizational prostitution is the social management order of the public's cognition of the sex non tradable-social morality fashion.The crime of organizational prostitution does not require the organizer to make profits.The second chapter given high priority to the crime of organized prostitution.Vertically,from the perspective of the development process of crime,it analyzed the completion form of crime and the definition of the accomplished,attempted,prepared and suspended state of the crime of organizing prostitution in detail.Horizontally,from the relationship between behavior and crime number,combined with judicial interpretation,it completed analysis of the situation of the complicity and implicated crime of organizing prostitution.In the third chapter the author conducted a preliminary analysis of the accomplice relationship of the crime of organizing prostitution.It discussed the form of accomplice of the crime of organizing prostitution,shown the necessity of distinguishing the principal offender and the accessory offender in the theory of accomplice,and finally explained the relationship between the accomplice of the crime of organizing prostitution and the crime of assisting prostitution,and their differences.