Research On Criminal Law Regulation Of Network Porn Live Broadcast

Obscenity live broadcast is the act of the host performing and interacting with the audience with the help of the network live broadcast platform.Its concrete ex pression has the plural anchor to live in front of the unspecific audience,the single anchor to live in front of the unspecific audience two forms.Compared with the previous naked chatting behavior on the Internet and the pornographic performance behavior in the real world,the social harm of this behavior is highlighted in the fo llowing aspects: first,it is free from the time and site restrictions and broadcast liv e at high frequency anytime and anywhere;Secondly,it covers a wide range of ag es and has a great influence on young people.Thirdly,the professional identity of anchors is strong,so that the long-term sustainable pornographic broadcast can be c ontinued.Therefore,it is urgent to regulate the criminal law on the obscenity live broadcast.At present,when it comes to the issue “how to regulate the obscene live broa dcast on criminal law”,the practical and theoretical views are different.In practice,only a few cases of obscene anchors will be identified as the dissemination of ob scene materials(profit)crime,most of the cases did not prosecute them;There are also two views about the crime and innocence of obscene live broadcasting.The controversial focus of different viewpoints is reflected in whether there are "obscene articles" in the criminal law sense in the obscene live broadcast itself,and whether the "live broadcast" of the obscene live broadcast belongs to the "dissemination" in the criminal law sense.Due to the fact that obscenity live broadcast lacks carrier,and owns s immediacy,real-time performance and irascibility for its live broadcast content,it can not be identified as obscenity in the sense of criminal law(obscenity electronic information).However,because the network broadcast is open to every internet user,although there is no criminal law dissemination of pornographic material on the meaning of the dissemination of acts,but in fact there is the dissemination of pornographic information generated by the obscene performance of the dissemination of acts,andthis dissemination of acts often have a profit.Therefore,the obscenity live broadcast belongs to the obscenity performance behavior,rather than the dissemination of obscenity(profit)behavior.However,with the increasing autonomy and initiative of pornographic anchors,the behaviors of anchors in organizing others to watch live broadcast and plan obscene performances should be interpreted as organizational beha viors in the crime of organizing obscene performances.Therefore,the serious obscene live broadcast behavior conforms to the constitution of the crime of organizing obscene performance,which should be punished as the crime of organizing obscene performance.