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Analysis of Legislative Defects of the Crime of Assembled Licentious Activities from "Wife-Swapping" Case in Nanjing

Author: ZhangYuanHui
Tutor: ZhangXiaoZuo
School: Chongqing University
Course: Legal
Keywords: The crime of inciting debauchery, Swinging case Moral Legislation Jurisprudence defects
CLC: D924.3
Type: Master's thesis
Year: 2011
Downloads: 143
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Abstract

This paper by the case of Nanjing associate professor of public concern \In licentious sin provisions of the law itself was simple general related theoretical study involving little judicial interpretation is not perfect, so that when the murder case \This controversy as discussed in depth in turn exist in licentious sin reasonably questioned. On mob adultery trend, repeal and retention uncompromising. In the abolition think, \Retained mass promiscuous behavior is seriously disturbing public order act, against the national order of social administration. In this regard, I think, promiscuous behavior is absolutely incriminate or take away sins are irrational choice, but should be a scientific analysis of the offenses and counts its connotations, modify, reasonable distinction. The actual behavior of the existing law on the crime of inciting debauchery, punishment can be divided into two categories, one is private contingent in licentious, promiscuous behavior of participants secret, to avoid public places; other is openly sexually promiscuous gathering, perpetrator forthrightly the public, or the other way so that the public be able to find the way. Mass promiscuous behavior is a serious breach of social morality is no doubt that this behavior, we must be condemned and punished. However, this condemnation and punishment is necessary to make a distinction worth pondering. In this paper, the main problems of the crime of inciting debauchery, pointed out the distinction between blatant sex and the private contingent promiscuous necessary, based on the decriminalization of the private contingent promiscuous behavior and blatant sexual promiscuous behavior legislation recommendations. This paper is divided into five parts: The first part introduces the crime of inciting debauchery, the background of the controversy. First through introduction of the case leads to the thinking of the crime of inciting debauchery, a comprehensive description of the sin, and then on the basis of the analysis of the ordinance which pointed out that the generality of the provisions of existing laws, and then through the community \case of dispute which leads to the purpose of this research. The second part of the answer to the first part of the controversial issues on the basis of, where the mob adultery controversial from the legal perspective, the focus is on trying to understand the criminal law intervention guidelines and ethical boundaries. The third part that the crime of inciting debauchery, a major drawback, measurable value from the legislative imbalance, in violation of the Restraining Criminal Law requirements and easily lead to penalty negative value will be explained. The fourth part of the proposed legislative recommendations of the crime of inciting debauchery, and points to this article on the abolition of the crime of inciting debauchery, attitude --- and the private contingent and openly distinction should be made. The fifth part is the conclusion that China should remain in the criminal legislation openly in licentious sin exclude private contingent promiscuous.

Analysis of Legislative Defects of the Crime of Assembled Licentious Activities from "Wife-Swapping" Case in Nanjing

Abstract

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