Study On The Crime Of Spreading Obscene Articles In Network Environment

With the advent of the information age,network technology has become an indispensable part of people’s production and life.While the network brings great convenience to people’s information sharing and communication,it also produces some new problems,such as the crime of spreading obscene items appearing in the network environment.Although the legislature and judicial organs have made a lot of efforts to this end,and the judicial organs have issued two judicial interpretations successively.However,due to the continuous innovation of network communication carriers and modes,many problems in practice still cannot be answered according to the existing laws,regulations and judicial interpretations,so it is urgent to deeply study and improve the existing judicial interpretations.This article combines the case analysis method,semantic analysis method,historical research method,comparative analysis method and other research methods with the basic theory of criminology and the characteristics of the elements of network technology,and systematically analyzes and interprets the behavioral characteristics,object characteristics,subjective aspects,the identification of the amount involved and the qualitative of behavioral responsibility of the crime of spreading obscene materials under the network environment.First of all,as a new mode of communication,the communication behavior implemented through the network platform is more diffusive,quick,hidden and diversified compared with the traditional communication behavior.As the object of the crime of spreading obscene material,network obscene material has the characteristics of "obscene" and "articles".To identify the obscene property of network information,it should be based on the integrity principle,the objectivity principle and the relevance principle of systematicness,rationality and relevance.Network links,BT seeds and other network transmission carriers,because of the characteristics of repeated audiovisual should be included in the category of things.Secondly,it is necessary to fully consider the identity and cognitive level of the doer,grasp the subjective identification criteria from the two aspects of cognition and consciousness factors,and only to meet the inner needs of the implementation of communication behavior cannot be identified as the purpose of profit.Finally,there are a lot of relevant amounts and values involved in the two judicial interpretations.