| With the development of the science, the network has been used to disseminate obscenity articles as the main way when the network get to any site of the globe and peoples` live. Meanwhile, the criminal law should extend its territory from the binary world to"the third space-time"because of the requirement of the network technology which exemplifies fiction, speed, convenience and non-restriction. However, there is not a systematic or precise stipulation for"the third space-time"in the Chinese criminal law till now. Though two new explanations of criminal law have been promulgated, some problems still remain on the combination of legal provision, practice and tech.This paper, referring to the knowledge of network, just discussing on the matters of the behaviors online governed by criminal law, is divided into four parts:The first part mainly provides defining obscenity electronic information as the prerequisite for analyzing disseminating obscenity article crime. The paper elaborates the conception of"Obscene"and"article"."Obscene"is distinguished from other concepts by comparing legislation of other countries and areas with related internal administrational prescriptions such as the criterion established by General Administration of Press and Publication. It is ensured that "Article"includes electronic information which exists unusually.The second part analyzes the problems occurred in the constitutive elements of disseminating obscenity articles on the network. This part of paper lists and discusses some typical questions in practice that are pushed out in subjective element, objective element and element of subject. The author analyzes the matters, such as the intention of crime and ISP's title, from the aspect of technology of network and also put forward some opinions distinguished from others.The third part discusses on the jurisdiction and crime halted state. Explanation of law stipulates that the owner, webmaster and ISP are included in elements of object of disseminating obscenity article crime. If there were to be nonfeasance, the objects above would committee an offence. The main question is how to confirm that attempted crime or cease exist in negative crime. It is complicated to clear-out the place of act and place of result in net-world. Go further and say, in order to avoid jurisdictional shuffle and scramble, proviso should be made for place of act, and server address standard ought to be set for place of result.The last part makes a conclusion on the current state of the crime. And also the author analyzes the deficiency of law and regulation. The trend of moral crime is towards light punishment, except that the objects crime on minor. Setting special regulations on regulating the crime, such as formulating aggravation penalty, might be a way to resolve the contradictions. Moreover, referring to the law overseas, fine penalty should be added to the system of punishment on disseminating obscenity article crime. |
