From the end of 2018 to 2020,there were two special lawsuits in the field of original network literature——Tian Yi case and Shen Hai case,whose court trials attracted wide attention from the whole society.Both of them are about one kind of illegal publication which is called "personal zine".Most people are unfamiliar with the concept of "personal zine",but it has been around for more than a decade.And,since the rapid development of the Internet,such publications have been around us unconsciously.In short,personal zine is a kind of paper publications including books and comics that made and published by writers themselves instead of the press.These publications don’t have International Standard Book Number(ISBN).They circulate mostly at comic-con and on social networks.Originally,the publishing of personal zine was still within the scope of administrative management,however,in recent years,with the development of personal zine,private publishing industry chain gradually formed.The scale of private publishing is so large that it reaches the amount of the crime of illegal business operation in Criminal Law.There are also issues of obscenity and pornography in the content of personal zine.In both cases,the parties were convicted by the Criminal Law,and the result sounded an alarm bell for the private publishing.Illegal publishing is regulated by the Regulations on Publication Administration,and its illegal consequence is mainly administrative responsibility.However,in the course of illegal publication,once the amount of illegal profit or illegal business reaches the standard of the crime of illegal operation in Criminal Law,the case will enter into the field of criminal law,and the parties will take the corresponding criminal responsibility.In the history of the management of illegal publishing activities in China,illegal publishing activities and illegal business operations are always inseparable.In addition to business behavior itself,the content of the business operations is also the focus of illegal publishing activities.Once an illegal publication is identified as obscene,the illegal publication behavior is directly classified into the category of Criminal Law,and the parties will take criminal responsibility.Therefore,in China,to determine the illegal publishing behavior mainly depends on the seriousness of the illegal business activities and the nature of the illegal publications.In addition,the main cultural representative of personal zine is Tanbi culture,and the group behind it is called Fuyoshi.The Cultural Appeal of this special group results in the existence motivation of the obscene and pornographic elements of Tanbi culture is quite different from that of the general obscene objects.Its highly vertical communication mode also challenges the traditional value judgment mode in which ordinary people are the subject of value judgment.From the perspective of feminism,the negative meaning of obscenity has been stripped away by Tanbi culture.And the traditional model of obscenity has been subverted.The thinking of such subversion is also helpful to the perfection of legislation and the progress of judicature. |