| With the rapid development of network technology today,various types of webcast industry are in the ascendant,enriching people’s daily life and promoting economic development.At the same time,some actors use webcast to attract a wide audience in order to attract the public’s attention and gain illegal benefits.The characteristics of fast spreading and lack of supervision to perform pornographic live broadcasts will endanger the good morals of the society and the order of social management.Therefore,it is necessary to regulate related behaviors in live broadcasts of pornographic performances by law.For acts that are not very harmful to the society and do not meet the incriminating standards,administrative penalties are imposed in accordance with the "Public Security Management Punishment Law" and other legal provisions,which can standardize related administrative violations.However,in the criminal law system of performing online pornographic live broadcasts that are more harmful to the society and need to be convicted,due to the particularity of the relevant behaviors,there are disputes in practice regarding the criminal nature of the relevant behaviors involved in performing online pornographic live broadcasts.Although the Supreme People’s Court and the Supreme People’s Procuratorate successively issued relevant judicial interpretations in 2004 and 2010,which provided standards for the judicial determination of criminal acts involving electronic information,the Criminal Law Amendment(9)added a refusal to perform information network security.Administrative obligation crimes are used to regulate criminal behaviors in the increasingly rampant cyberspace.However,there is still confusion regarding the nature of live broadcast behaviors,helping behaviors and organization behaviors in pornographic live broadcasts,and new forms of behaviors need to be analyzed and determined in criminal law.Through the analysis and understanding of the existing criminal law provisions,to determine whether the relevant behaviors in the new form of performing online pornography live broadcast can be regulated by the traditional criminal law provisions.This article mainly analyzes and organizes the collected judgment documents and documents.Found the main controversies and problems in the practice and the academic circles on related issues,the qualitative identification of the live broadcast behavior,the helping behavior and the organizational behavior.The issue of judicial determination of related behaviors in live broadcasts proposes their own understanding and determination schemes,with a view to using the current criminal law to reasonably regulate related behaviors in live pornographic broadcasts,and to purify the social order and the environment of live webcasts. |
