A Study On The Criminalization Of Collusion

The design of the 1997 criminal law for licentious is not accurate. First of all, we have only fornication concept without licentious concept in history. Fornication behavior mainly including prostitution, adultery, one night stands, gay intersection, incest, group sex behavior. Only use licentious one word to express the meaning of the group sex behavior lack of realistic foundation. Caused of the error by the language mistake, the understanding with the laws in the chaos, such as the congregated prostitution was convicted of licentious in some place. The more importantly, the reason make licentious into crime is not reasonable. In that most of the other sex crime is not a crime except prostitution is usually illegal, then separate penalties licentious, the punishment is not licentious itself but the harm degree, eventually refuge in social harmfulness theory. Position of modern criminal law emphasizes the protection of human rights, due to the social harmfulness theory itself have the natural defects of high crime rate. The more perfect theory about nature of the illegality is in the threeclass context of violation of norms and violation of legal interest. And the violation of norms in illegality persevere stand the position of legal interests violation on the substantive issues. Both of inspection behavior for the violation of the general social ethics and the violation of legal interest that only the legal interests invasive as the standard. Due to the violation of norms can’t distinguish between intimate relationship between social ethics and moral behavior in moral judgment. So stick to violation of legal interest can make point more objective, more rationality. Through the method of violation of legal interest theory argument, private licentious behavior does not have clear legal interests invasive should be completely to rule out crime. Blatant licentious evolution because of its low invasive just need to be sentenced to a misdemeanor. At the same time, considering the social acceptance, non-crime of the licentious shall be taken by way of gradual implementation.