The Concept Of Prostitution: An Understanding From The Perspective Of The Dual Sanctions Model

There are some disputes about the meaning of prostitution in criminal law,especially in judicial practice.For the meaning of prostitution in criminal law,the focus of controversy lies in how to define the connotation and extension of the way of prostitution.Formal interpretation,substantive interpretation and dichotomy interpretation have defined the concept of prostitution from different perspectives,but they have failed to settle this dispute.In judicial practice,different interpretations of the concept of prostitution have resulted in different judgments of the same case.In this paper,from the perspective of dual sanction mode of criminal law and public security management punishment law regulating prostitution,in order to maintain the coordination and connection between the two laws and solve the disputes in judicial practice,the concept of prostitution in the sense of criminal law should be defined as the behavior of sexual intercourse with unspecified parties and similar sexual intercourse(anal intercourse and oral intercourse)for the purpose of profit.Prostitution in the sense of administrative law is defined as sexual intercourse or similar sexual intercourse(anal sex,oral sex)with unspecified parties for the purpose of making profits,as well as sexual intercourse with reproductive organs,such as "masturbation" and "milk sex",but not sexual intercourse.Within the scope of sexual intercourse and similar sexual intercourse,if the conditions for the establishment of prostitution related crimes are met,they shall be regulated by the criminal law.If they do not constitute prostitution related crimes,they shall be punished by the law of public security administration.The behaviors such as masturbation and masturbation that contact with reproductive organs but do not have the nature of intercourse and the related behaviors shall be regulated by the public security administration.In addition,in view of the special protection of children in criminal law,the organization,coercion,seduction,accommodation and introduction of children's "masturbation" and "masturbation" and other behaviors that contact with reproductive organs but do not have the nature of intersection are included in the scope of criminal law,and the crime of child molestation is convicted and punished.