The Analysis Of Mob Adultery Crimes

The Crime of Mob Adultery,which was separated from "hooliganism" in the CriminalLaw Amendment,belongs to the chapter of obstructing Administration of Social OrderCrimes. In recent years, the debate about this crime becomes more and more fierce, especiallyafter the case of Nanjing Associate Professor Ma Yaohai. There are many views about itsabolition. This paper will make a comprehensive interpretation on the legal interest, the moband the adultery, to facilitate the identification of this crime correctly in judicial practice.Then, the existing problems will be discussed in order to put forward some constructivesuggestions.The thesis is divided into three parts.The first part is the overview of Mob Adultery Crimes. It mainly introduces the origin ofMob Adultery Crimes and the regulations of this type of crimes in other countries. Throughthe introduction. we can see that, regardless of the amount of participants, blatant acts ofimmorality or indecency are identified as criminal in those places. But the promiscuousbehavior between consenting adults in private, is excluded from the offense. These practicesare reasonable and worth our reference.The second part focuses on the contentious issues of the identification. It analyzes thatthe legal interest is social weathering and the mob means those who have two or more exceptthe organizer. Then the author makes his own viewpoint that the meaning of adultery refers tonatural sexual,oral sexual and anal sexual. Finally, it concludes that this crime is a complexbehavior crime, which begins with gathering and accomplishes with adultery.The last part discusses the legislative defects and the proposed changes. In this part, theauthor views that the existing Criminal Law makes the voluntary and private promiscuousbehavior between adults does not have rationality. Through the analysis, the author putsforward that the Crime of Mob Adultery should be abolished and establish the Crime ofFlagrant Adultery or Indecency.