A Study On Improvement Of Legal Regulation On The Behavior Of Online Child Pornography In China

The behavior of online child pornography is a new type of illegal behavior that comes with the development of the Internet,which seriously infringes on children’s rights and poses a great threat to all countries in the world.All countries are actively fighting against online child pornography,and so is our country.However,in view of the existing legal regulations in China,there are still some problems to be solved.First of all,the lack of provisions on online child pornography in China’s legislation is embodied in the lack of blurred boundaries between children and related concepts,the lack of definition of online child pornography and the lack of separate punishment provisions on online child pornography.In this regard,China should unify the provisions on the age of children in laws,introduce the definition of online child pornography,and clarify the legal responsibility of online child pornography perpetrators.Secondly,in the judicial regulation,there are mainly the problems of wrong judicial interpretation and rigid practice in China,including regarding child pornography as the subsidiary of adult pornography and generally not supporting the parties’ request for collateral civil action.In this regard,China should make clear the judgment standard of online child pornography through judicatory,and agree to the victims’ mental damage compensation request.In the end,the problems of imperfect law enforcement system in administrative regulation include unclear responsibilities of the main body of administrative law enforcement,single administrative law enforcement governance model,and backward technical means of network supervision.In this regard,China should establish the responsibility coordination organization of administrative subjects,guide various subjects to participate in governance and improve the supervision mode of online child pornography.