Criticism Of Crimes Involving "Obscene Materials"

Sex is a human’s normal desire and an important part of human life.The protection of freedom of speech is a common understanding of all countries and is affirmed by the Constitution.However,sex as the main reproduction of the object of "obscene material" is strictly controlled by countries around the world.The conflict between the criminal law’s regulation of crimes related to "obscene materials" and the constitutional protection of freedom of speech has been discussed again and again among foreign scholars,but Chinese scholars rarely explore this issue.In view of this,this paper attempts to discuss the crime of "obscene materials" in China from the concept of "obscene materials" at home and abroad,the object of the crime of "obscene materials" and the conflict between the criminal law regulation of "obscene materials" and the constitutional protection of freedom of speech.The arrangement of this article is as follows:First of all,this paper compares the concepts and identification standards of obscene materials in different countries and regions,and explores the difficulties in defining the concept of "obscene materials".This paper sorts out the theories related to the infringement of legal interests in the crime of "obscene materials",negates the legitimacy of social decency,people’s sexual autonomy,and women’s sexual freedom and equality as the infringement of legal interests in the crime of "obscene materials",and puts forward that the physical and mental health of teenagers and children is the only possible legal interests in the crime of "obscene materials".Secondly,from the perspective that "obscene materials" is a kind of expression,this paper demonstrates that within the scope of freedom of speech guaranteed by the Constitution,it restricts the freedom of speech it enjoys by the principle of interest measurement,and explores what theory can provide the basis for the justification of crimes related to "obscene materials".Finally,starting from the abstractness and fuzziness of the definition and scope of "obscene materials" in Article 367 of the Criminal Law of our country,this paper discusses the conflict between the specific "obscenity-related crimes" in the Criminal Law of our country and Article 35 of the Constitution,and puts forward some suggestions for the amendment of "obscenity-related crimes".