The Qualitative Study Of Internet Pornographic Live Broadcast In Criminal Law

Under the environment of Internet popularization and rapid development of network technology,network live broadcasting emerged as an emerging product.Behind its vigorous development,new illegal behaviors of network live broadcasting emerge one after another,among which live broadcasting involving pornography is a typical one.Relevant judgment cases have also appeared in judicial practice.However,due to the absence of the code of conduct in the current criminal law,the difficulty of qualitative conduct is aggravated by the differences between theory and practice.“Point to face” type of online obscene live broadcast means a single anchor with the help of live broadcast platform,facing most Internet users in a specific period of time and fixed live room does pornographic performance activities.Based on the subjective and objective interpretation theory and guided by legal interest,this paper analyzes the constitutive requirements of the main accusations,and holds that the non-fixed temporary live broadcast is not consistent with the fixed form of obscenity,and the individual pornographic behavior of a single host is not consistent with the pornographic behavior of multi-body contact,and then excludes the crime of spreading obscene materials,the crime of spreading obscene materials for profit,the crime of organizing the broadcasting of pornographic audio-visual products and the crime of group prostitution.Based on the prudent approach to the crime,putting forward personal opinions which is more possible and reasonable to establish the crime of organizing obscene performances.In the aspect of objective behavior,organizational behavior does not focus on the organization of the audience,the planning of places,equipments and programs are all the performance of the organization.In the aspect of subjective responsibility,this crime only exists in direct intention,and whether to make profits does not affect the establishment of intention.Compared with other crimes,this crime has more advantages.It can give full play to the function of human rights protection and legal interest protection of criminal law and coordinate the tension between legal interest and freedom by reasonably distinguishing the subject of behavior and strictly grasping the boundary of objective interpretation.There are three problems,the difficulty of crime detection,the poor connection of execution and the lack of unified standards for judicial application.Therefore,it is proposed to improve the technical level to improve the evidence retention,clarify the execution norms and transfer procedures to enhance the connection fluency,and refine the relevant countermeasures of judicial identification standards with the two elements of the number of circumstances.