| As an emerging industry in recent years,with the development of network technology,the popularity of communication equipment and the continuous increase of network users,network broadcast becomes one of the first places of public leisure and entertainment for people with its own rich and colorful content and high degree of interactivity.But just as a coin has two sides,network broadcast,as a new form of entertainment,not only brings fresh excitement to the public,but also becomes the breeding ground of new criminal activities,which impacts the existing legal order in China.Network pornographic live broadcast is one of the most representative behaviors.Due to the inherent characteristics of the network,such as strong concealment and high transmission,the network pornographic live broadcast is far more than the traditional pornographic criminal behavior once it comes into being,which brings great danger to the social life of the public.At the same time,because it is an unprecedented mode of crime,there are no corresponding laws to carry out specialized type regulation.Therefore,there are many problems in the judicial organs in the qualitative analysis of online pornographic live broadcasting and sentencing standards.By sorting out and analyzing the judicial judgment documents collected and scholars’ literature on this behavior,this paper summarizes the main focus of qualitative disputes between the judicial circle and the academic circle in the live streaming of online pornography,and believes that there are two main reasons for judicial conflicts in the live streaming of online pornography:First,the main body of online pornographic live broadcast behavior is not clear enough,and the judgment is always generalized;Second,the understanding of the specific elements of the elements of the related charges involved in the behavior is not deep enough.By putting forward my own understanding and identification plan for the above two aspects,the author expects that before there are specific laws and judicial interpretations on the behavior,relevant provisions of the current criminal law can be used to reasonably regulate the behavior of online pornographic live broadcasting,stabilize the social order and purify the environment of online live broadcasting.This paper is divided into four parts.The first part is to clarify the concept and characteristics of online pornographic live streaming behavior,and analyze the current situation of domestic legislation and justice,so as to provide the criminal law basis for the qualitative analysis of online pornographic live streaming behavior.The second part is to analyze the status and role of network live broadcast platform in network pornographic live broadcast.The third part is to analyze the difficult problems of the network pornographic live broadcast organizers in the judicial practice,including the organizer should be in the crime of organizing pornographic performance and dissemination of pornographic materials for profit.The fourth part is for the performers of online live porn,combined with the judgment of the behavior of online live porn,comb out the existing problems in the judicial determination of two aspects:one is the dispute of the application of law;Second,the identification of the number of crimes is confused.In view of these problems,the author discusses the space of incrimination according to the qualitative factors to be considered by the performers of online live porn. |
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