Introduces Research On Criminal Punishability Of Prostitution

In recent years,prostitution and whoring has become more and more widespread,which has brought a serious impact on the good social management order in our country.The introduction of prostitution and other prostitution-related crimes around the behavior of prostitution and whoring is increasing day by day,and the growth trend of introducing prostitution is particularly prominent.There is a theoretical and institutional predicament in effectively suppressing the introduction of prostitution by law,and the practical problems caused by it have received continuous attention and discussion in the theoretical and practical circles.In addition to the conclusion,this paper is mainly divided into four parts:The first part,"introducing the research on the criminal punishment of prostitution" is put forward.The problem awareness of the research comes from the observation and analysis of the current situation of the introduction of prostitution in the process of handling practical cases.The question is raised based on two classic cases,summarizing the three core issues that practitioners are most concerned about.The key parts of this paper are:(1)Summarize the types of prostitution who are criminally punishable;(2)Introduce the distinction between prostitution and prostitution;(3)Introduce the constituent elements of the crime of prostitution and the setting of statutory penalties.The current research on the introduction of prostitutes is mainly a case study based on the research paradigm of logical reasoning,focusing on introducing the legal nature and punishability of prostitutes.The breadth and depth of research are not enough to provide effective support for judicial practice.Therefore,this paper puts forward the proposition of "introducing the criminal punishment of prostitution",in order to expand the scope of the research on prostitution,and put forward new ideas for the theoretical and practical circles to study and introduce prostitutes.The significance of the research lies in optimizing the path of judicial judgment and responding to relevant questions.Innovation includes innovation of research objects,innovation of research methods,and innovation of research conclusions.The second part,starting from a clear introduction of the definition of prostitution behavior,combined with empirical investigation,divides the introduction of prostitution behavior from multiple perspectives such as language meaning,subject characteristics,and behavior content.Introducing prostitutes refers to the act of introducing prostitutes to clients,which is manifested as finding and introducing prostitutes for clients,making connections and communication between clients and prostitutes,so that prostitution activities can be realized.The introduction of prostitution refers to the act of finding clients for prostitutes,making connections between prostitutes and whores,communicating and matching,and making prostitution possible for others.Both the introduction of prostitution and the introduction of prostitution are behaviors that contribute to the realization of prostitution and whoring,but the introduction of prostitution and whoring is rarely for profit-making purposes,while the introduction of prostitution is usually for profit-making purposes.Based on the analysis of the similarities and differences between the introduction of prostitution and the introduction of prostitution,the paper summarizes the classic types of criminally punishable introduction of prostitutes: "arranged type" to introduce prostitutes,and "shopping guide type" to introduce prostitutes.By depicting the types of introductory prostitutes that are criminally punishable,the scope of the unpunishable introductory prostitutes is outlined.Lay the foundation for the discussion that follows.The third part discusses the theoretical controversies in the introduction of the criminalization of prostitution,and shows the theoretical and practical basis for the introduction of the single conviction.Clarify the substance of the relevant disputes: support the view of introducing the crime of prostitution,pay attention to the social harmfulness of the behavior,emphasize the social control role of the law,and believe that the criminal law should intervene in social life in a timely and effective manner to solve social problems;deny the view of introducing the crime of whoring The advocacy of humility in criminal law is the main line,highlighting the status of "sexual self-determination" in the freedom and rights of individuals in human society,and denying the importance of introducing prostitution as a crime.On the premise of analysing and summarizing different viewpoints,through the analysis and demonstration of introducing the social harm of prostitution and the necessity of criminal law intervention,as well as the responses to relevant questions,this paper confirms that it is theoretically possible to introduce the crime of prostitution alone to convict it.Adequacy and practical necessity.The fourth part describes the specific path of adding a new crime when the behavior of visiting prostitutes,which is worthy of punishment,cannot be included in the existing constituent elements through explanation.First of all,it clearly introduces the constituent elements of the crime of whoring prostitutes,and conducts detailed investigations on the subject,subjective aspect,object,objective aspect,and the degree of“serious circumstances”that must be reached to be convicted of the crime,so as to determine the criminal punishment.Introduce the “ character characteristics ” that should be possessed by the behavior of whoring;secondly,determine the attribution of the chapter introducing the crime of whoring,combined with the analysis of the legal interests of similar crimes in Chapter 6,Section 8 of the Criminal Law,based on the same legal interests,determine the location where the crime of whoring should be introduced.position;finally,it proposes to introduce the legal punishment settings for the crime of whoring prostitutes.Based on the investigation and introduction of the punishment and public security punishment settings for prostitution,combined with the aforementioned introduction of the invasiveness of the legal interests of the crime of whoring prostitutes,and referring to the statutory punishment of the crime of throwing in high altitudes,the content of the articles of introducing the crime of visiting prostitutes is formulated as follows: Introducing others to whoring prostitutes,if the circumstances are serious,a sentence of one year shall be imposed.The following shall be sentenced to fixed-term imprisonment,criminal detention or public surveillance,and concurrently or solely with a fine.Those who commit the acts in the preceding paragraph and constitute other crimes at the same time shall be convicted and punished in accordance with the provisions on heavier punishment.This solves the problem that the existing crimes do not adapt to the social situation,and makes the criminal law more scientific.