The Crime Of Organizing Pornographic Performances

Over past two years, I had been deep influenced by my tutor Zheng. Fortunately, Itook a part of my tutor’s academic research. Since April2013, I focused on the Crime ofOrganizing Pornographic performances. During the time of gathering related materials,reading related typical cases, I found my own interest on the article, and finally I chosethis topic to describe in my master thesis.The so-called "obscene goods" was normally with items as the carrier, such as booksmovies and so on. However, it was not limited to the items in the judicial practice, manycases belonged to obscene performance in character, which were different from obscenegoods. They were kinds of behaviors, not items. It would be hard to punish such behaviorsif there’s no related article. So the provision of article365of the criminal law provided alegal basis to remove these obscene behaviors. It was necessary to emphasize that thisarticle made a clear division to the crime, Which said the obscene performance itself wasnot guilty, but the organizer who organized the obscene performance was guilty.Compared to the other pornographic crime names, the description of organizingpornographic performance was simple, since it lacked appropriate judicial interpretationsor national normative documents. With the development of society, many newphenomenas appeared in our real life, which provided a new platform for the crime.Meanwhile, it become much more complex to define a precise legal meaning. For example,people took the advantage of the mystery and subjectivity of art and religious, spreadobscene things, contaminated social atmosphere. Besides, because of the convenience ofdigital network, people could direct transmit vulgar information through the network, and reaped benefits. Since the provision of article365was too simple, it only could solvetraditional cases of organizing obscene performances, but could not afford to the newforms of crime in modern society. So my article tried to analysis three typical cases inqualitative aspects.The thesis was divided into four chapters.The first chapter discussed the legislative purpose and evolution of the crime name,and proposed three new types of the crime in order to unfold specifically in the followedthree chapters.The second chapter discussed the artwork performed by Chengli, Found theboundaries of artistic behaviors and obscene performances to make the article clear, andalso analyzed Chinese "sex culture" and the law.The third chapter, took the Cai’s case for example to discuss " group shoot "," privateshoot", analyzed the relationship between pornographic performances and other similarcrimes offenses. And then took a further discussion on the rule of defining the behaviorslike "group shoot ","private shoot".Chapter Four, took Chi’s case for example, discussed the crime’s applicable situationon network nude chat. By the means of making a classification of all the similar behaviors,it could make a much more precise definition on the behavior and helped make applicablecharges.Through these chapters, it would be hopeful to provide some valuable references forthe actual operation when citing the365tharticle.