Distinction Between Accessory To The Crime Of Organizing Prostitution And Assisting In Organizing Prostitution

In the Answers to Certain Questions Concerning the Implementation of the Decision of the Standing Committee of the National People’s Congress on the Prohibition of Prostitution,the Supreme People’s Court and the Supreme People’s Procuratorate promulgated on 11 December 1992,assistance in organizing prostitution was criminalized separately.On July 25,2017,the Explanation of Certain Issues Concerning the Law Applicable in Criminal Cases of Organizing,Forced,Inducting,Accommodating and Presenting Prostitution(hereinafter referred to as the Explanation of Handling Prostitution Cases)came into force,reaffirming the difference between accessory to the crime of organizing prostitution and aiding the crime of organizing prostitution,and clarifying the relevant application of the latter.However,in the face of the changing crime situation,relying on criminal law provisions and judicial interpretation alone is not enough to solve the difficult problems in practice.What is the relationship between the two and how should they be distinguished in theory? Through thought and analysis,we will finally find that there is a close relationship between the accessory to the crime of organizing prostitution and the accessory to the crime of assisting in organizing prostitution.There is no clear definition in theory,and it is not appropriate to make a general distinction.As for the distinction between accessory to the crime of organizing prostitution and aiding the crime of organizing prostitution,it is better to return to judicial practice,combine theory and practice,extract some specific methods and paths to distinguish,make concrete analysis of specific problems,and evaluate accurately.In this way,the basic principles of criminal law can be better adapted.