Study On The Judicial Determination Of The Crime Of Assisting In Organizing Pristitution

The predecessor of the crime of assisting in organizing prostitution,as an accessory to the crime of organizing prostitution,has always been controversial in theory and has also interfered with the judgment of judicial practice.Although the legislation is constantly striving to improve,there are still situations where the definition of behavior is unclear,the amount of " illegal profit " is difficult to determine,the theoretical distinction between principal and subordinate offenders,and the boundary between them and other crimes is unclear.In order to more accurately punish crimes and protect social rights and interests,it is particularly necessary to combine theory with judicial practice to clarify relevant disputes.Based on empirical research,in the mode of behavior," recruitment " is determined by considering the flow of action under the unified theory of subjective and objective," delivery " should be expanded to include neutral delivery behavior,and " other ways " should be considered when identifying the actual role played by the participants;when it comes to relevant issues,we should recognize the independence of this crime,affirm the theory of principal and subordinate offenders,integrate the actual profit situation of the actor when determining the amount of "illegal profit ",and take the principle of adaptation of crime,responsibility and punishment as the principle.After excluding the " prostitution capital " obtained by the organization,we should consider whether the amount reaches the " serious circumstances ";it is necessary to clarify the difference between this crime and other crimes,and analyze the role of " generation chatters " in different cases.When distinguishing the crime of organizing prostitution from the crime of assisting in organizing prostitution,it should be identified in combination with the theory of multiple acts.When distinguishing the crime of assisting in organizing prostitution and the crime of introducing prostitution,it is determined in combination with intermediary behavior.Through the above research,in order to improve the application of the crime of assisting in organizing prostitution in the judicial field and establish a long-term governance mechanism.