Research On Criminal Liability Of "outsourcing Agent Chatter" In Prostitution Crime

With the development of Internet technology in recent years,especially the development of mobile Internet technology,"agent chatter" has emerged as a new role in prostitution crimes and gradually become a common role in prostitution crimes.The "agent chatter" can also be classified according to different standards.The most typical classification is to divide it into "employee agent chatter" within the organization and "outsourcing agent chatter" outside the organization according to the inside and outside of the organization.For the determination of the criminal liability of "employee agent chatter",there is a relatively clear way to deal with it,that is,according to the crime of assisting in organizing prostitution,but for the determination of the criminal liability of "outsourcing agent chatter",there are different voices.In essence,the differences and disputes over the identification of criminal responsibility of "outsourcing agent chatter" are caused by the inaccurate understanding of the nature of relevant behaviors and the unclear division of the boundary between relevant crimes.Therefore,the research on criminal liability of "outsourcing agent chatter" needs to return to the grasp of the behavior itself and the determination of the boundary of charges.For research on criminal liability of "outsourcing agent chatter",it is necessary to discriminate its behavior,that is,to categorize and frame the "outsourcing agent chat behavior".However,neither the "outsourcing agent chatter" and "outsourcing agent chat behavior",nor the "agent chatter" and the "agent chat behavior" behind it as the superior concept are the existing concepts of criminal law.so for research on criminal liability of "outsourcing agent chatter",It is necessary to examine the "agent chatter" and "agent chat behavior" from the perspective of criminal law.First of all,because of the added property of Internet crime,"agent chatter" is different from "pimp" in the traditional sense,and "agent chat behavior" is different from "pimping" in the traditional sense.Secondly,"agent chat behavior" has the dual nature of network crime and prostitution crime.On this basis,As a branch concept of "agent chatter",the behavior of the "outsourcing agent chatter",that is,"outsourcing agent chat behavior" has the dual attributes of network crime and prostitution crime.In addition,it also has the characteristics of "externality" and "intermediary",and may even have the characteristics of "organization" in some special cases.After that,for research on criminal liability of "outsourcing agent chatter",also need to reviewing related charges,for that there exist three views of criminal liability,the accomplices of crime of organizing prostitution,crime of assisting in organizing prostitution and crime of introducing prostitution.and in fact,due to the "agent chat behavior" has the attributes of the Internet crime,"outsourcing agent chatter" may also involve the crime of illegal use of information network.For the discrimination of related charges,first of all,it is necessary to clarify the legal status of the crime of assisting in organizing prostitution,that is,it is the criminalization of helping behavior of the crime of organizing prostitution.Secondly,it is necessary to clarify the relationship between the crime of assisting in organizing prostitution and the crime of organizing prostitution,that is,after the criminalization of this helping behavior in the criminal law,the helping behavior in this type no longer constitutes an accessory to the crime of organizing prostitution.Thirdly,in the discrimination between the crime of introducing prostitution,the crime of organizing prostitution and the crime of assisting in organizing prostitution,it should be clearly that the crime of introducing prostitution is the type of "assisting in prostitution",which is in the same rank with "organizing in prostitution" in the coordinate of behavior starting from "prostitution",and "assisting in organizing prostitution" is lower than the two acts.After a full analysis of the relevant concepts,behaviors and charges of "outsourcing agent chatter",it is concluded that: First of all,all "outsourcing agent chatter" constitute the crime of illegal use of information network,and "outsourcing agent chatter" is no exception.Secondly,as for the "outsourcing agent chatter",because its behavior is essentially "assisting in prostitution",rather than "assisting in the organization of prostitution",it should be convicted as the crime of introducing prostitution.Finally,the author thinks that the "outsourcing agent chatter" with "organization" under special circumstances has already haven "organization" for prostitution activities,and should be convicted according to the crime of organizing prostitution.At the same time,the principal offender and accessory can also be distinguished according to the specific situation.In the case of "outsourcing agent chatter" constituting multiple crimes at the same time,it will be treated as a felony according to the punishment principle of imaginative joinder of offense.