The day before yesterday, I added me to introduce me to part -time job, saying that it was pulled into the group, and one person counted four dollars.
The day before yesterday, I added me to introduce me to part -time job, saying that it was pulled into the group, and one person counted four dollars.
It ’s just that the normal communication group is not committed, but if it is spreading obscene or even profit, it will constitute a crime of spreading obscene.
Legal analysis
The main body of this crime is a general subject, that is, natural persons who have achieved the age of criminal responsibility and have the ability to criminal responsibility. Units can also constitute costs. The subjective manifestation of this crime is intentional, but the actor does not have to go out of the purpose of profit. Under certain circumstances, indirect intentions can also be constituted. For example, if the perpetrators watch obscene items themselves, they can ignore others onlookers, which causes bad impacts. The motivation of the perpetrator may be diverse, such as to sharing the stimulus of others, or to please others or seduce others to fall. Troubleshooting does not constitute a crime. If the actor is not responsible for his work, he is careless to spread books, pictures, pictures, etc. with the content of obscene objects, and cannot be criminal. The object of this crime is the state’s management order of obscene items. The spread of obscene items in society will cause harm to the physical and mental health of the people, especially teenagers, and it is also easy to induce illegal and criminal activities. Cracked the criminal behavior of spreading obscene items in society in accordance with the law. It is undoubtedly significant for maintaining social security, purifying social air, protecting the people’s physical and mental health, and promoting spiritual civilization. The objects of this crime include various obscene items, such as various obscene books, newspapers, paintings, films, videos, recording tapes, obscene toys, entertainment supplies, and carving, carving with obscene text, patterns, and so on. The way of communication can not only directly spread naked obscene items, or change the noodles, deliberately add obscene plots in artworks, or deliberately add obscene descriptions in the novel.
The strict identification of the scope of obscene items. Scientific works on human physiology and medical knowledge are not obscene items, and artistic and artistic works containing pornographic content are not regarded as obscene items.
The concept of propagation strictly. For personal collection or dissemination between relatives and friends, they should be criticized and collected their obscene items, but they do not constitute a crime.
The strict grasp of the “serious plot”.
The crime of this crime and the boundaries of the crime of profit of profitable items for profit
has obvious differences between the two sins, mainly manifested in: the crime of spreading obscene is subjectively. Essence Then sin must be for profit. The existence of former sin as a new crime, and its actual significance is too strict in the subjective limit after making up for it. Regardless of whether the subjective existence is on the purpose of profit or whether the crime of spreading obscene items will be punished.
The legal basis
“The Criminal Law of the People’s Republic of China” Article 3603 The purpose of making, copying, publishing, selling, and spreading obscene items for profit shall be sentenced to imprisonment, detention or detention or detention or detention or detention of three years. Control and punishment; if the circumstances are serious, they will be imprisoned for three years and less than ten years, and the fines will be punished; those with a particularly serious case shall be sentenced to more than ten years in prison or life imprisonment, and shall be punished or confiscated property. Provide a book number for others, publishing obscene books and magazines, shall be sentenced to imprisonment, detention or control of less than three years, and shall be punished or single; knowing that others will use the book number to publish obscene books and periodicals, and shall be punished in accordance with the provisions of the previous paragraph.
It does not commit lawy, but it is easy to make mistakes. It is a good thing for rewards, but it is better to determine whether this part -time world is legal, or it is better not to take the initiative to pull people.