Lawyer's character

"Whether the above two online chatting behaviors can be convicted and punished for the crime of spreading obscene materials, we must first examine whether the behavior is obscene, and secondly, it must also meet the characteristics of "dissemination".

For the determination of the obscenity of online chatting, please refer to the provisions of Article 2 of the "Interim Provisions on the Determination of Obscene Sexual Materials" promulgated by the State Administration of Press and Publication in 1988.

The obscene situations stipulated in this article include: 1. Obscene and detailed descriptions of sexual behavior, sexual intercourse and psychological feelings. Basically, this is the situation in pornographic articles...

Online chatting is the act of showing one's naked body to specific or unspecified others through online chat rooms and cameras. The information conveyed to the audience is obviously highly obscene.

Do you all agree with this? "Meng Guangda looked at Zhou Ying and the two.

Both of them nodded and agreed with Meng Guangda's opinion. Zhou Ying felt that this seemed to be the case.

Meng Guangda took a sip of tea and continued: "Second, the crime of spreading obscene materials also requires that the criminal behavior conforms to the characteristics of 'dissemination', spreading obscene information widely, thereby affecting the public's feelings towards X, and has serious social harm.

The so-called "dissemination" generally refers to dissemination or making it available to others; that is to say, dissemination must be public to a certain extent, or it must be accessible or usable by an unspecified majority of people.

It can be seen that online chatting cannot be regarded as communication behavior.

Among them, the most prominent feature of "peer-to-peer" L-chat is its privacy. L-chat is conducted secretly between both parties and will not affect the public's feelings about sex. This behavior does not meet the requirements of the crime of spreading obscene materials. Therefore, this kind of chat usually occurs between husband and wife, lovers, or between strangers who want to fill the spiritual emptiness, and should rely on moral restraint and should not use criminal law adjustments.

On the contrary, the "point-to-face" chat method makes all kinds of sexual behaviors of human beings public, violates human beings' sense of sexual shame, and seriously infringes on the good sexual customs and sexual ethics in social customs.

With the popularity of the Internet, many criminals use this L-chat method to set up hosts in Internet video chat rooms, recruit members, organize online obscene performances, spread obscene and pornographic information, make illegal profits, and induce other crimes, which has serious consequences. social harm. "

"Brother Da, according to you, point-to-point does not constitute a crime, only point-to-point does?" Zhou Ying frowned.

"Not necessarily. If you have peer-to-peer L chats and then charge a fee, even if it does not constitute the crime of disseminating obscene materials for profit, it may constitute other crimes. It depends on the specific circumstances of the case." Meng Guangda explained.

"But even so, there are no items! If he is convicted of distributing obscene materials for profit, what are the 'items' in this case?" Zhou Ying's brain was a little confused for a while.

“This is the third point I want to explain next.

It is an indisputable fact that the law lags behind social development. With the development of the times, when it comes to the identification of ‘obscene materials’, we should adhere to the perspective of development and reasonably expand the extension of the word.

In the 1979 Criminal Law, 'obscene materials' were limited to two categories: Y books and Y paintings. Both types of objects, whether they are books as carriers or obscene information attached to them, can be visually identified with the naked eye. .

In 1990, the National Conference of Senior Officials passed the "Decision on Punishing Criminals Who Smuggling, Production, Selling, and Dissemination of Obscene Materials", which included obscene films, video tapes, and audio tapes as "obscene materials" and was absorbed by the 1997 Criminal Law. .

The "Decision on Maintaining Internet Security" passed by the National Senior Officials Conference in December 2000 stipulates that any person who establishes obscene websites or web pages on the Internet, provides link services to obscene sites, or disseminates obscene books, periodicals, videos, audio-visuals, and pictures are classified as obscene materials. crime.

The "Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Legal Issues Concerning the Specific Application of Laws in Criminal Cases concerning the Use of the Internet, Mobile Communication Terminals, and Audio Stations to Produce, Copy, Publish, Sell, and Disseminate Obscene Electronic Information" promulgated in 2004 defined "obscene materials" as The extension of the term has been expanded to include obscene video files, audio files, electronic publications, pictures, articles, short messages and other Internet, mobile communication terminal electronic information and audio station voice information that specifically depict sexual behavior or explicitly promote pornography.

In February 2010, the Supreme People's Court and the Supreme People's Procuratorate issued the "Interpretation on Several Legal Issues Concerning the Specific Application of Laws in Criminal Cases concerning the Use of the Internet, Mobile Communication Terminals, and Audio Stations to Produce, Copy, Publish, Sell, and Disseminate Obscene Electronic Information (Part 2)" ", focusing on cutting off the profit chain of pornographic electronic information crimes.

The above-mentioned documents and judicial interpretations adhere to the perspective of development in their definition of ‘obscene materials’.

Determined by the technical characteristics of online video chat, video information often exists in the form of dynamic video streams and is not attached to a static file carrier.

The above-mentioned documents’ requirements for the carrier of obscene information have made it difficult to effectively deal with the harm caused by such electronic obscene information.

Therefore, I believe that when it comes to crimes involving obscene materials, the focus should be on the obscenity of the information. It does not matter what carrier the information is attached to. Online L chats fully possess the basic attributes of obscene materials and can become the target of crimes for spreading obscene materials. "Meng Guangda explained.

"Brother Da, you know so much!" Zhou Ying said with a smile, her tone a bit teasing. The look in her eyes at Meng Guangda was meaningful.

"Don't think nonsense!" Meng Guangda pretended to be angry: "If you look at me like that again, don't come to me when you encounter problems in the future."

Zhou Ying chuckled and said, "Brother Da, have you handled similar cases before?"

"I have never handled this kind of case, but I have seen related cases. You can look up 'The first person convicted of L chat in China'. After that case was sentenced, several similar cases appeared one after another. This one This case is very similar to those cases and can be used as a reference.

Although we are not a country of precedents, judges will always learn from the same type of cases, especially cases issued by the Supreme Court. "Meng Guangda said seriously.

"Well, I'll go back and look for it. Let's go. It's already half past twelve. I'll treat you to a treat at noon." Zhou Ying packed up the case files and stood up and said.

…

The next morning, in the conference room. Jiang Chunzhi came to Sidley Law Firm accompanied by her mother.

Zhou Ying looked across at Jiang Chunzhi, who was on bail pending trial: "I have said everything that needs to be said. This is my lawsuit plan."

"Lawyer Zhou, is there no other way?" Jiang Chunzhi's eyes were a little dim, her hair was a little messy, and there was no expression on her face, but even so, she could not hide her beautiful face.