An Analysis Of The Criminal Law Of P2P Downloading Technology To Disseminate Pornographic Items

Disseminate pornographic article is a traditional crime,with the development of science and technology,the traditional theory crime of this crime has changed.P2 P downloading technology is widely used nowadays,It has greatly expanded the audience scope of information sharing and improve the speed of information transmission.But what is the reason that provide a platform for disseminate pornographic article,and the legal lags are sometimes difficult to overcome the problems of the new technology and the new accurate system,” QvodPlay ” case embodied on the contradictions,at the same time,it arouse a reflection in experts about the cognizance of disseminate pornographic crime.The paper is divided into five parts:The first part is introduction,mainly introduces the background of the research question and the domestic scholar's point of views.The second part mainly analysis of the P2 P downloading technology spread pornographic materials facts,introduced the working principle of P2 P download technology and the connotation of disseminate pornographic and the status quo of this crime.The third part mainly analysis the season why it is a crime that the downloading the pornographic materials by P2 P technology,and separately elaborates the four elements of crime constitution.The fourth part mainly studies the QvodPlay case and criminal law,and analyzes the existence of "technical neutrality","subjective purpose" and whether it can constitute "communication" and can constitute a common crime problem.The fifth part mainly discusses the problem of criminal law regulation of P2 P downloading technology,and puts forward some suggestions on the existing problems.