Analysis On "Nude-chatting Online" From The Perspective Of The Criminal Law

As an extend of real world, network, due to the immaturity itself, the posterity of the regulation of the network and anonymity and virtualization of network, causes a variety of problems. The spreading obscene and pornographic information on the net is called'net-drug'because of the serious social danger. In 2004, the Supreme People's Court and the Supreme People's Procuratorate jointly issue'the judicial interpretation'and take an unequivocal attitude to severely crack down'net-drug'. At that time, although'nude-chatting online'is receiving the civilians'concern and accusation, it is not attracting the authority's close attention. It does not raise a heat argument on whether the act of'nude-chatting on-line'breaks the law until the first case of'nude-chatting online'occurred in Beijing in 2007 fell in an embarrassing situation that couldn't be declared guilty. In 2008, a more heated argument was aroused after the first criminal case about'nude chatting online'arises in Zhejiang province, where the heroine was declared guilty. Although it is a common criminal case, it has caused profound and lasting influence on society, which is thought-provoking. Therefore, discussing the case not only has important theoretical value but also far-reaching practical significance.The present paper takes the case in Zhejiang as an example and conducts an analysis on it from the perspective of criminal law. The thesis is divided three major parts except for the forward and conclusion:The first part introduces the basic facts of the case. Firstly, the present thesis fetches out the cause of the case occurred in Zhejiang province; secondly, it introduces the copy of the bill of prosecution of the People's Procuratorate and the sentence of the Peoples'court; finally, it summarizes the disputed focuses of the case.The second part lays emphasis upon analyzing the controversial issues. Firstly, the present paper summarizes a series of viewpoints of alleging guilty; secondly, it analyzes and refutes the viewpoints above; thirdly, elaborates on the author's viewpoints and reasons and hold a brief for'Wang'who is not guilty; finally, it draws a conclusion.The third part is a reflection upon the case. Firstly, the present paper analyzes rationally the phenomena of'nude-chatting online': elaborating on the definition, features and forms of'nude-chatting online'; emphatically discussing the nature of'nude-chatting online'---'going off the rails'or'being guilty', which should be analyzed specially in light of the different situations, not be generalized about those; secondly, the present paper analyzes some embarrassments in cracking down some acts of'nude-chatting online'; finally, offering proposals for standardizing act of'nude-chatting online', among of which focuses on the five suggestions on improving legal system with the purposes of pooling the wisdom of the masses, improving the legal system as soon as possible, diminishing the embarrassments in jurisdiction and realizing really a civilized society under the rule of law soon.