Research On The Dilemma Of Judicial Application Of The Crime Of Organizing Prostitution And Its Countermeasures

Since the crime of organizing prostitution was convicted,it has played a very important role in breaking the bad habit of prostitution and whoring,rescuing the delinquent and cracking down on the organizers of illegal profit-making.However,with the continuous progress and development of society,the manifestations and objective means of organizing prostitution emerge one after another.In this case,after analyzing many judicial practice cases,it is found that the crime of organizing prostitution is easy to be confused with the crime of assisting in organizing prostitution and the crime of forcing organizing prostitution in judicial practice,resulting in different sentences in the same case,and there are also problems in the sentencing of the crime.Current laws and regulations can no longer solve such judicial difficulties.In order to more accurately control the crime of organizing prostitution and promote social civilization and harmony to a greater extent,it is urgent to conduct more in-depth research and Discussion on the judicial difficulties and solutions of the crime of organizing prostitution.The main body of this paper is divided into four parts.The first part is the judicial practice cases and evaluation,selecting four groups of eight cases,through the study of the problems exposed in each group of judicial precedents,extracting the difficulties in identifying the crime of organizing prostitution in judicial practice;The second part is an overview of the crime of organizing prostitution,which defines and clarifies the concept of the crime of organizing prostitution,and introduces the legislative evolution of the crime of organizing prostitution and the latest relevant laws and regulations;The third part is the dilemma of the judicial application of the crime of organized prostitution.It discusses the influence of the concept,subject and behavior of prostitution in the sense of criminal law on the conviction in judicial practice,and shows the point of this article.The sentencing is carefully compared with that of other crimes,from which it is found that the crime of organized prostitution has the problems of heavy starting point and thin sentencing level.At the same time,it analyzes and discusses the boundary between the crime of organized prostitution and the crime of assisting in organizing prostitution and the crime of forcing prostitution,After analysis,it is considered that the crime of organizing prostitution is closely related to the crime of assisting in organizing prostitution.The former crime is the premise for the latter crime to be established,and there are differences between the principal offender and the accomplice in both crimes.Because the current judicial interpretation has merged the crime of organizing prostitution and the crime of forcing prostitution into selective crimes,the requirements for distinguishing the two crimes have been significantly reduced,and the actor can be directly identified as an organization when he implements the act of organizing prostitution and the act of forcing prostitution Crime of forced prostitution;The fourth part is a proposal to solve the dilemma of the judicial application of the crime of organizing prostitution.Through the extraction and analysis of the problems in the judicial precedents,the paper puts forward solutions to the difficulties analyzed in the article.It is suggested that the connotation and extension of "prostitution" in the criminal law,the specific ways of organizing prostitution,the legal starting point of the crime of organizing prostitution,and the sentencing levels of the crime of organizing prostitution,which are particularly serious,should be clearly stipulated or adjusted through legal procedures,The accomplice of the crime of organizing prostitution and the principal offender of the crime of assisting in organizing prostitution can only be distinguished by comprehensive analysis of the identity,status and subjective intention of the perpetrator.At the same time,both punishment and prevention should be taken into account to maximize the role of criminal law.