Exploration For Difficult Problems Of The Crime Of Assisting To Organize Prostitution

As a hidden corner of human civilization, prostitution is an ancient product andquietly breeds and spreads in the process of a long history. Even to today, with thehuge impact brought by social transformation, the prostitution has resurged as achronic social disease and is getting even worse. Since the founding of PRC, China’sgovernment has adopted the policy of "high pressure against prostitution", and theaction of "wipe out prostitutionin Dongguan" this year has drawn people’s attentionagain. But in stark contrast to this, the criminal law field has not attach sufficientimportance to prostitution-related crimes, and the situation becomes worse when itcomes to the extremely limited studies on the crime of assisting to organizeprostitution, and the relatively simple provisions stipulated in relevant legislation.However, the crime of assisting to organize prostitution is a very special crime asidentified in specific provisions of the criminal law. From the perspective of theessence, it belongs to scope of accessory in the theory of joint crime; while it has beenidentified by Supreme People’s Court as an independent crime due to the specialstipulation made by specific provisions of the criminal law. However, the existence ofArticle361in Penal Code indicates to a certain extent that legislators might not intendto identify the crime of assisting to organize prostitution as an independent crime atthe beginning of legislation. The Supreme People’s Court might misread the intent oflegislators and thus consider the crime of assisting to organize prostitution as an independent crime, which figures out the great specialty and significance of the crimeclearly. It is in this regard that the author generated the intent to compose this paper.According to the Section VIII, Chapter VI in specific provisions of the CriminalLaw, all the crimes therein essentially belong to the same class of crimes, where themain crimes consist of three ones, namely, crime of sheltering prostitution, crime oforganizing prostitution and crime of assisting to organize prostitution. The wholerange, from the crime of sheltering prostitution to the crime of organizing prostitutionand then to the crime of assisting to organize prostitution including assistingbehaviors, is a process of gradual development, a process of gradually expanding thescope as well as a process of gradual specialization of the division of personnel roles.This process is just like the development path of general business activities. Forexample, a self-employed businessman, a small vendor or a small family workshopwill gradually develop and grow into a modern enterprise by constantly expanding thescale, recruiting talents and dividing specialization of labor. The crime of shelteringprostitution can be compared to a small vendor or a self-employed businessman,whose scale isusually the smallest; while the crime of assisting to organizeprostitution including assisting behaviors is not only the pattern of crime that has thelargest scale, the most sound division and the most complete role assignment, but alsothe crime identified in China’s Criminal Law, which best matches the moderncorporate structure and characteristics, so its particularity can be clearly seen. Basedon this, the author believes that it is more likely to essentially grasp the distinctionbetween the crime of assisting to organize prostitution and the crimes of organizing orintroducing prostitution by analyzing it from the new perspective of "modernenterprise system". Therefore, the class of organizing prostitution that has larger scale,finer division and more complete role assignment was compared by the author to amodern enterprise, where the sex trade is the main kind of business. Considering thatthe essence of prostitution is a business act, it won’t be inappropriate to borrow thetitles in modern enterprise system. Under the title of "organizing prostitution", thereare chairman, president, vice president, investors, shareholders, directors, supervisors,etc., who are either boss or senior executives; while the title of "assisting to organize prostitution" involves administrative staff, financial officers, logistics staff, securitypersonnel, public relations officers, marketing personnel, etc., who serve asmanagement staff or general staff at the departmental level. However, all membersfrom corporate level, departmental level as well as general staff are regular employeesof the enterprise; while the subject of the crime of introducing prostitution neitherbelong to the corporate internal regular employees nor serves as a part of theenterprise. With taking the multi-comparison as the main line and taking the caseanalysis and study on notes as the starting point to establish the overall structure ofthis paper, the author tried to integrate the difficult problems of conviction andsentencing existing in the crime of assisting to organize prostitution, sort and refinethem out, and finally systematically study the crime of assisting to organizeprostitution and related offenses, thereby demystifying the crime of assisting toorganize prostitution.This paper is divided into four chapters. As an overview, Chapter I focuses on thehistory and characteristics of the crime of assisting to organize prostitution, as well asits relationship with other prostitution-related crimes. Based on the concepts of"modern enterprise system", Chapter II explores the boundaries between the crime ofassisting to organize prostitution and the crime of organizing prostitution from theperspective of corporate upper and lower levels. Based on the concepts of "modernenterprise system", Chapter III explores the boundaries between the crime of assistingto organize prostitution and the crime of introducing prostitution from the internal andexternal perspectives of an enterprise. By borrowing the concepts of "modernenterprise system", Chapter IV introduces the theory of principal and accomplice injoint crime as well as the theory of jurisdictional limits responsibilities and directresponsibilities in the unit crime; on the one hand, the distinction in sentencingbetween the crime of assisting to organize prostitution and the crimes of organizing orintroducing prostitution is analyzed from the perspective of isness; on the other hand,the role and position of "times" in the criminal sentencing of prostitution is evaluatedfrom the perspective of oughtness.In summary, by adopting case analysis and notes study and taking the crime of assisting to organize prostitution as the main line and the two aspects of convictionand sentencing as the starting point, this paper attempts to conduct a comparativestudy on the associated and confused offenses to obtain some "spark" during thisprocess, thus hoping that this paper can make some "modest" contribution to thetheoretical study of the crime of assisting to organize prostitution.