Research On The Crime Of Selling And Disseminating Obscene Materials With The Purpose Of Making Profits

Sexuality as an element of human nature,no matter how social productive force is develop,it is unable to completely eliminate the objective existence,but this does not mean people could do whatever they want in sex,because it is not only for individual value,more importantly it is for social value.Because of this,although some countries and regions let pornography go in a certain degree,most of the countries and regions are still being relatively cautious attitude.Also,the discussion topic related to the sex is never gone in many field.The article is study about an argue of the crime of selling and disseminating pornography in our country.According to the legal interest for this crime,although the irrational of no victim,no management order,and no contact,there is a criminal law protection value of sex,the legal interest for this crime should be maintain the sex culture appropriately.The identification of the obscene articles is mainly focus on the understanding and meaning of the goods,the essence of the obscenity is to describe the sexual behavior specifically,promote pornography,and provoke the sexual desire of people,they are all against social morality or sexual behavior.Oral meaning of the goods generally is manifested as a body,it is contradiction with the explanation of crime law.The interpretation of obscene electronic information as obscene material does not go beyond the national prediction,it is belong to the expansion of interpretation,rather than analogy.The definition of behavior,based on the protection of the legal benefits of this crime,only the transfer of obscene goods can constitute as violation,selling the obscene goods can be seen as transfer the obscene goods.The essence of disseminate is spreeding information,in order to protect the teenager,some kind of disseminate can be seen as the crime of selling and disseminating obscene goods with the purpose of making profits.In the online naked chat,the video displayed on the computer screen should be considered as inanimate obscene article,if it is proceed as public or semi-public,then it is considered as dissemination.Likewise,uploading some resource to the internet,if the actor did not set thepermissions,it can be presumed harming the legal interest.The act of providing the hyperlinks,objectively the dissemination of QVOD Player is belong to disseminating the obscene electronic information.The former is acting,the latter gather action and non action,they are all belong to spreading obscene article behavior.The standard of conviction and sentencing for this crime,there are three related judicial interpretations in our country,in the rapid development of the status of network technology under the situation led to some shortcomings and problems.In order to achieve a balance of crime should be adjusted to a certain extent,such as adding the file size standard,the number of different types of electronic information should be converted between each other,the actual amount of page view,the number of registered members,while consider all of these,we should deducted unreasonable part.In the statutory sentencing,our country has a deep history of slavery,but we can only use the provisions of the criminal law nearly 40 years ago,because the national concept of sexual behavior,the sexual culture is not mature yet in today’s society,we should adjusted the law whether the sentence is balance or the conviction is too heavy.