The Crime Of Assembled Pruriency Under The Perspective Of Victimless Ceime

After the case of Yaohai Ma wife-swapping in2010, the criminal law scholarsbegan to discuss the issue on the abolition of the crime of assembledpruriency.Different scholars discusses the legislative value of group licentiousness inthe basis of law and morality, public power and private rights, legal interest violationand that sort of thing. The author believes that group licentiousness is actually atypical victimless crime. Victimless crime has already set off a decriminalizationwave in worldwide, and various countries’criminal laws has already reformed underthe influence of this decriminalization wave. The number of victimless crime is notmuch in China’s criminal law. Drugs, abortion and other acts that discussed byscholars in early time, are not defined as criminal in China’s criminal law, which isinextricably linked to the traditional differences between Chinese and Western culture.Group licentiousness is a typical victimless crime that regulated by the China’scriminal law. It is meaningful to think about whether it should exist from the point ofvictimless crime and its decriminalization.This paper is divided into the following three parts:Part One: Investigation of the theory of the victimless crime. This part mainlyelaborates victimless crime generated historical background; analyzes "crime" and"victimless" of the concept of victimless crime and gives the definition of victimless crime and summarizes the main features of a victimless crime, by analyzing theconcepts and features of victimless crime concludes that group licentiousness is atypical victimless crime;studies the theoretical basis of the decriminalization of thevictimless crime, demonstrates the rationality of the decriminalization of thevictimless crime from a liberal stance, modesty of criminal law as well as the methodof Infraction, etc. deeply discusses the legal interests that are infringed by thevictimless crime, noting that ethics are not part of the legal interests protected by thecriminal law.Part Two: Analysis of the crime of assembled pruriency. Introduces the evolutionof the crime of assembled pruriency isolated from the hooliganism, considers thestart-up legislative value of the crime of assembled pruriency combined with a specialhistorical background; analyze the basic meaning of the crime of assembled pruriencyand the understanding of “gathering” and “licentious”; discussed the scholars’ claimsand reasons about the retention and repeal of the group licentiousness,suggests thatwe should modify the legislative provisions.Part Three: Considerations of the crimes of assembled pruriency in perspectiveof victimless crime. Demonstrates the imbalanced value of convicting and punishingpublic mass promiscuous behavior from the perspective of liberalism, restrainingcriminal law and law of Infraction,deems that defining group licentiousness ascriminal interferences in the freedom of the people’s sexual rights and violates themodesty of criminal law. I have my own opinion about the legal interests that areinfringed by the crimes of assembled pruriency. The infringed legal interest is thenormal order of public places, rather than ethical or social habits, nor is it some kindof rules of engagement. Proposes to modify the provisions about the crimes ofassembled pruriency in criminal law, Decriminalize the secret mass promiscuousbehavior and reserve the conviction and punishment of a mass promiscuous behaviorin public.