| The development of network information technology also makes the network type crime emerge as the times require,has brought many difficult problems to the criminal law theory and the judicial practice,along with the development of the network live broadcast industry,the network live broadcast becomes a new type of network pornography crime.By enumerating the judgments which contain the plot of live webcast,we can understand the characterization of the criminal law to the live webcast behavior,and the significance of regulating it by criminal law.For the main body of online pornography crimes,the specific crimes that may be involved include the profit of spreading obscene materials,the crime of organizing obscene performances,the crime of congregation for adultery,and the crime of refusing to perform network security management obligations.The crime composition of each crime is used to find the basis for guilt,and finally it is concluded that the pornographic anchor should be regarded as the crime of spreading obscene materials;the online live broadcast platform can be deemed as the crime of spreading obscene materials for profit or refuse to perform network security according to its classification and subjective differences Management duty crime;two kinds of actors can establish a joint crime of spreading obscene goods for profit.Through research and analysis of online pornography live criminals,it is proposed that China's laws have ambiguity in pornographic live broadcast identification standards,and the punishment method is too simple.For this reason,China does not need special legislation at present,and can be combined with judicial interpretation to give clear and complete the network Pornography live punishment methods,such as promoting the application of qualification punishment,and appropriately expanding the scope of crime,In order to regulate the crime of live online pornography. |
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