Study On The Crime Of Spreading Obscene Materials For Profit

Recently,the case where the author from Wuhu,Anhui,Anhui was sentenced to ten years’ imprisonment for the first instance of writing the "Little Yellow Book" has caused public uproar in the society and also caused the author’s attention.The crime of spreading obscene goods for profit is the first crime in the last section of the sixth chapter of the Criminal Law to destroy the order of social management.The location and punishment configuration reflect the role of leading the entire criminal outline of obscene materials.Victim-free crime theory has been proposed by the American scholar Shure in 1965.It provides new ideas for the regulation of similar crimes of spreading obscene materials in the criminal law.The criminal legislation adjustment of this crime can also consider the path of victimless crime.After focusing on investigating and studying the 152 cases of this crime,the author concludes that this crime does have excessive penalties in judicial practice,and attempts to solve the current contradiction from the perspective of victimless crime.This article is divided into four parts.In the first part,the author uses 152 verdicts as samples for empirical research,and examines the current status of judicial application of this crime.The legally aggravated circumstances of adult cases are not obvious,the amount of profit is mostly small,the determination of the amount of obscene articles and the amount of profit is generally controversial,and the victimless crime theory enters the defense field of view.The second part is to analyze the judicial application problems summarized by the empirical research,and analyze the path of the first solution,but whether it is through the special governance of "eliminating pornography and fighting non-crimination",or the definition of the scope of responsibility of network service providers since the "fast broadcast case",The attacking power of obscene electronic information crimes can not touch the essence of these problems-the crime of spreading obscene materials for profit sees from the criminological point of view whether it can constitute a crime,and the nature of the infringement of legal interests.Comparative analysis of women’s dignity theory,kindness fashion theory,social management order theory,unwillingness to contact theory,and finally chose the theory of victimless crime as the perspective,in the absence of direct "victim" personal legal interests infringement,to the society of crimeless victims Discuss the protection of legal interests.The third part introduces the theory of victimless crime,analyzes conceptually the pure ethical protection theory,the pure voluntary behavior theory,the victim’s unobvious theory,and the inability to benefit and abuse the respective shortcomings.definition.It supports the theory of victim-free crime from three aspects: philosophical basis,criminal law basis,and realistic basis.It specifically discusses liberalism,the moral limits of criminal law,the general view of victimology,the protection of legal interests,the modesty of criminal law,and the criminality of leniency and strictness.Policies,the pursuit of the unity of legal and social effects,and requirements for saving judicial resources.The fourth part,after considering the perspective of comparative law,based on the current situation of the rule of law in China and the level of social development,under the guidance of the principle of adaptation of crime and punishment,reflect on the current legislative issues,from harmonizing the legality of the crimes of spreading obscene materials.Configuration,differentiate the target of transmission and "soft and hard pornography",update the law to quantify the provisions of the number of obscene articles and proceed to adjust.