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On the suppression of prostitution exist several legal issues_15887

By Todd Baker,2014-11-15 08:05
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On the suppression of prostitution exist several legal issues_15887

On the suppression of prostitution exist several legal issues

     [Abstract] suppression of prostitution, prostitution has made some achievements, but prostitution prostitution activities have not been effectively curbed. Undeniably, the suppression of prostitution prostitution prostitution

    prostitution exists in the definition of authority is not enough, evidence use is not standardized, unjust punishment and other issues a direct impact on the effectiveness of the suppression of prostitution. [Keywords:] to suppress

    prostitution problems Prostitution and corrupt social values, endanger public order, spread sexually transmitted diseases, endangering people's health, is the new China has long disappeared but the seventies of the twentieth century re-emergence of one of the ugly phenomenon. Over the years all over the country who relentlessly stricter ban ban prostitution, has made some achievements, but prostitution has not been effectively curbed, but instead the spread of urban and rural areas in the country. Moreover, "Virgin prostitution case" and "virgin prostitution case", the police instigated the case of prostitution, such as has occurred frequently Zhuapiao. masses gradually prostitution a tolerance ban on prostitution in the first line of the public security organs

    are veiled. I believe that this addition to the social reasons, legislation, Law enforcement is undeniable lack of factors. First, the definition of prostitution. What is prostitution, the definition has no authority, even if

    the September 1991 meeting of the Seventh National People's Congress passed the twenty-legal nature of the <"On the

    decision of prostitution is strictly prohibited>> and the State DepArtment issued in September 1993 the nature of administrative regulations <<shelter staff education solutions prostitution>> also no definition of prostitution. so in Law enforcement, the emergence of some controversy. Some local Laws and regulations trying to explain on prostitution, including "<Guizhou Province on prostitution the provisions of

    prostitution>> Article 2 of the "Where to obtain property for the purpose of having sex with men is prostitution, as a condition to payment of property having sex with women in prostitution are acts of prostitution." <<Dalian City punish

    prostitution prostitution residential activity under>> Article 3: "Women collect property for profit or for the purpose of sexual relations with men is prostitution. men to pay property

as a means to have sexual relations with women in prostitution

    is Piaosu behavior. "," <Hunan prohibit prostitution Ordinance>> Article 3: "The term prostitution refers to women to obtain the property for the purpose of illicit sexual relations with men's behavior. The term prostitution, refers to property as a means to benefit men and women in acts of

    illegal sexual relations activities .",<< Taiyuan provisions punishing prostitution Piaosu>> Article 3: "The provisions referred to in prostitution, prostitution is: to collect the belongings of women for the purpose of sexual relations with

    the behavior of men, men of property as a means to pay, and women have sex behavior "... .... These alternative means of regulation of prostitution as defined under the similar - men

    and women to property as a medium having sexual relations. The

    definition of the defect is obvious. First, sometimes it adultery, cohabitation, "second wives", "one-night stand" and

    the love between the sexes and so difficult to distinguish between the existence of such men and women, obtain property by sex if the woman or the man paid property, whether on prostitution? the second is difficult to contain the entire contents of prostitution. If women pay money, money, sex with men (men commonly known as "duck", "Face First" can not be included. Third, ill-defined provisions for payment of

    property men having sex with prostitutes are prostitutes, but no woman definition of prostitution. Ministry of Public Security <"On profit for the purpose of masturbation, Kouyin such acts deal with the problem of qualitative Reply>" (public

    Complex [1995] 6 August 1995 10 Japan that "prostitution is not specific to men and women between the money and property for the media in an improper act of sexual relations. ". approved emphasized sexual relations between men and women of

    the" no specific "nature and not limited to the payment of money, men, money, women sell their bodies, better defining the prostitution and other illicit sexual relations between the boundaries, reveals the essential characteristics of prostitution. However, the approval is not legal, nor administrative regulations, administrative rules is not even authentic, its limited legal effect Feb. 28 .2001 The approval by Ministry of Public Security <"On the of money as a medium between the same sex to deal with the problem of sexual

    qualitative Reply>" (public Complex [2001] 4, 28 February 2001 abrogated. do not think the latter approved of the opposite sex or between a particular same sex for money, property was an improper sexual relationship between the media behaviors,

    including Kou Yin, masturbation, sodomy and other acts, are all acts of prostitution. on a broad interpretation of sexual relations, not limited to heterosexual intercourse, and sex-

    related behavior, including not limited to heterosexual sex-

    related behavior, but also between same-sex abnormal sexual

    behavior. on the understanding of prostitution as such whether it is appropriate, subject to the legislature on prostitution prostitution to provide for the meaning or interpretation. This article narrow prostitution only for the understanding of sexual intercourse between men and women only. Second, evidence in cases investigated prostitution problem. <<Administrative Punishment Law on Administrative Penalties for Public Security >>,<<>> and other Laws of the

    administrative penalty cases provided no evidence types, "<Administrative Procedure>> provides for administrative proceedings evidence. Administrative penalty is the executive authority of the Administration made a unilateral administrative act illegal, it exists in the administrative proceedings the parties have a qualitative difference, however, administrative proceedings and is the specific administrative acts as the object of judicial review, so the types of evidence in administrative proceedings is also found in executive penalty cases. According to <<Administrative Procedure>> the provisions of article 31, can be considered evidence in cases of administrative penalty include: documentary evidence, physical evidence, audio-visual

    materials, witness testimony, statements by the parties, conclusions, inquest on the scene . prostitution case, the public security organs of the evidence and more statements for the parties (interrogation record. The statements by the parties in the absence of other evidence to prove the case, the proof is limited. Several media reports wrong case, the problem lies in the statement of the parties but only a lack of authenticity. If, in Shaanxi Province Jingyang Village, Longquan Town, Ma Ma Dandan 19-year-old girl in his

    sister's barber shop barber school on January 8 .2001 evening, Ma in the barber shop watching TV, suddenly Jingyang County Public Security Bureau, Wang Jiang Road police station and recruitment of drivers Humou to the police station. They

    questioned all night for her, she was admitted to prostitution, does not see Ma Dandan admitted to beat on the hemp, and hemp shackled with handcuffs to the police station under basketball. The next day, made the punishment decision Jingyang Public Security Bureau, found Ma Dandan as "whoring"

    behavior, to administrative detention for 15 days. Ma Dan Once the application for reconsideration, the Public Security Bureau in Xianyang City, the second took her to the hospital for identification of the hymen, the results prove that she is

    a virgin. Jingyang County, Xianyang City Public Security Bureau Public Security Bureau lifted the penalty decision. Again, Luoyang City, Henan Province Rural County Liu Xiaomei girl working in a restaurant in the county, the evening of 17

    March 2002 11 promises, she returned to rental office work, because living with a partner to the guests, decided to live in my sister place. approaching its sister residence, suddenly a Xiaomei stop in front of the van, down three (later

    identified as temporary workers employed by the county public security bureau LP Heater, Lu Shengli, yellow three to one way or another car, to the Public Security Bureau, Patrol, forcing its account of "prostitution," the fact that , see Xiaomei account not to kicking, Xiaomei can not stand these people beaten, forced to explain the five "clients." The next morning, the three men again with Mei to find those "clients", because it is Xiaomei fabricated out of thin air, one can not find. these people back to the patrol unit again while small

    Meira beat, see no results, but to their release. The first people the new County hospital, Xiaomei "hymen intact." Mei to the Public Security Bureau, the prosecution filed a complaint. prosecutors for investigation, such that Lu Shengli 3 for

    illegal detention and prosecution to the court. The court of first instance verdict, Lu Shengli, yellow three-LP Heater

    were sentenced to 10 months, 8 months , 6 months, suspended for one year. Xiaomei 3.5 million compensation for the county

    public security bureau, related to leadership by the corresponding action. These two cases have striking similarities, the first similarity is to arrest people, after the evidence, the evidence also questioned the parties only. Clients identified said it was no prostitution, police

    officers determined to force her into prostitution, nor other evidence, the only way out is torture. Another similarity is that both parties after the check virgin. If it is not a virgin, or because of a ruptured hymen reasons, fear of

    jumping into the Yellow River is also Xibu Qing. similar cases head crooked to the man, the man has not the hymen, how to do to prove his innocence. such cases the public security organ has brought great negative impact. public security organs for

    prostitution case should be a comprehensive collection of evidence, torture is prohibited, so the facts are clear and

    sufficient evidence, legal procedures, and strive to capture the spot, "caught red-handed" to eliminate wrong. reposted

    elsewhere in the Research Papers Download http:// three forms of illegal prostitution and punishing acts of fairness. China <<Penal Code>> General preparation of a crime, attempted and made special provisions for termination. The academic process of intentional crime patterns of crime have a mature theory. Administrative law has no similar provisions, and no academic the corresponding theory. However, the existence of administrative violations in fact illegal Pattern. specific to prostitution cases, the perpetrator of the acts of

    prostitution also accomplished, attempted, preparation, suspension problems. with reference to the crime of rape accomplished that standard, should be considered , clients of the penis into the vagina woman in prostitution, prostitution

    is accomplished. prostitution of women and their clients will have started sexual intercourse for reasons other than because, as was found, arrested by public security organs, such as the physiological causes of human behavior, clients of the penis not inserted into the vagina for women attempted prostitution. prostitution, soliciting clients to reach women and prostitution meant to talk about price, first payment is prostitution and other acts of property preparation. prostitution of women and clients of prostitution activities

    are accomplished before the suspension of automatic stop . Indeed, the perpetrator of the acts mentioned above should be characterized as prostitution, but in the punishment of the relevant circumstances should be considered. attempters can be

    compared accomplished by lighter or mitigated punishment, prepared by accomplished by a light can be compared, reducing punishment or be exempted from punishment, suspension of persons shall be exempted from penalties for less serious, the

    other should be mitigated punishment. In fact,

    "<Administrative Punishment Law on Administrative Penalties for Public Security >>,<<>> and other laws although not clearly attempt, preparation, suspension concept, the principle of its provisions is included punishments for the

    spirit. Ministry of Public Security Legal Division <<for "sex workers clients property but not yet paid to have sex how to deal with the instructions" of the reply> "(Public Law [1991] No. 176 December 1991 12 Japan proposed the concept of

    prostitution attempt and attempted a clear answer on who can be compared consummated lighter or mitigated punishment. defunct Ministry of Public Security <"On profit for the

    purpose of masturbation, Kouyin such acts deal with the problem of qualitative Reply>> also that" the severity of punishment vary according to different circumstances. "<<Security Administration Penalties>> Article 30, on prostitution were less than 15 days detention, warnings, a statement of repentance or correctional labor according to

    regulations, may impose 5,000 fine. But in practice, the law enforcement punishment on the perpetrators rarely consider the circumstances, but the full use of discretion, frequently a fine of 5,000 yuan, so that people thought the police suppression of prostitution in order to generate income. such as the 2001 2 11 o'clock in the evening of January 26, Bao'an District, Shenzhen temporary township man Anhui Wang Mu (a pseudonym, Lu-yu high Lili strange woman (not his real name, two each luring prostitutes to 150 yuan settled conditions for peer when he was sub, Bao'an, Shenzhen City Public Security Bureau arrested in a police station plainclothes police, is a fine of 4,500 yuan two. the king of wood that his behavior is not prostitution, apply for reconsideration to the Shenzhen

    Municipal Public Security Bureau, the Shenzhen Municipal Public Security Bureau to maintain the decision on punishment. Wang Mu administrative proceedings to the courts, the first and second instance, the penalty decision remains final. I

    believe that the proper characterization of the administrative penalty decision, but did not consider the offense if the circumstances are, obviously unfair. Fourth, should identify the perpetrator's subjective intent. Some

    people think that prostitution behavior refers to a process, in the process, and clients of prostitution among female seduced, meet, bargain, pay, the occurrence of masturbation, Kouyin, sexual behavior and the behavior is related to this prostitution Whoring part of prostitution shall be punished. I believe that prostitution in the process of any of the acts are only the seriousness of the points, but not the nature of the other, prostitution should be handled, this is undoubtedly correct. But In practice, the importance of identifying the

    perpetrator's subjective intent, such as the perpetrator only masturbation, Kouyin deliberate, intentional sexual intercourse without shall be indecent treatment. on the profit for the purpose of masturbation, Kouyin behavior, all by

    prostitution punishment, the tendency seems to be enlarged. Fifth, encourage prostitution and then grab clients in China. Acts of prostitution that social evils should be the object of public security organs to fight against, but in some people

there, has become a revenue-generating sources of income.

    Police officers procuring women into prostitution, then a fine grasp of events many times clients see the newspaper. If May 1999, Lishui County, Jiangsu Province Public Security Bureau

    police station water high bright new Director, in order to generate income 6,000 yuan investment has allowed the police station, find someone to open roadside shops, attracting prostitutes, clients grasp the end of the incident .1999 fine, high- bright to be held criminally responsible. Another

    example of Xinjian, director of County Public Security Bureau police station Hechang Lin Shi Bu Xiang (a pseudonym and the two reached a tacit understanding roadside shops, when prostitutes and clients Piaosu, the shopkeeper called the

    police station, with classes led by immediate grasp of personnel. police station caught clients, go out into the high in the fine, just ask the situation of prostitutes release. roadside shop forfeiture penalty to the section regardless of

    the police station, all arrested clients of the head by the year 1999 January award to February 2000, He Changlin organized police "investigate" cases of prostitution 77. Soon after the incident, He Changlin be held criminally responsible. Guizhou province Public Security Bureau in the

    scum of the six SAR actively organizing women into prostitution, through Zhuapiao engage in income generation, and from corruption and wantonly, is a farce. According to media reports, the council set up nine "ban do", mainly to

    deal with Zhuapiao income. organizational control prostitution of women police officers, prostitutes actively luring wraps " prey, "a quick attack Zhuapiao fine police officers, and even collusion with the prostitution of women framed innocent people, does not recognize those who tortured prostitutes wait. fined by the police and women into prostitution, and prostitutes Zhuapiao common" wealth ", the local people panicky. After the incident, Public Security Bureau Jinwan Chang, Political Commissar Hu Dengwen, police Shu-sound field

    should be life, and strong arms to be held criminally responsible. These events severely damaged the reputation of the public security organs, resulting in adverse social impact. All of this is money after all word play. for the

    money, regardless of the public security organs as scum in the mix with the prostitution of women, stoop collusion with the local riffraff. In order to prevent such incidents, the case of forfeiture of prostitution shall be strictly in accordance

    with revenue and expenditure line requirements management,

    public security organs financed by the Financial adequate protection. Sixth, how to understand the publicity whoring, TV monitor pornography. According to reports, in March 2002 for the treatment behavior of the village

    despite repeated prohibitions of prostitution, Guangzhou Xiancun Xiancun Street Police Station the village committee and the introduction of a joint initiative: to prostitution caught in the village post the announcements The site includes

    Zhuapiao photos condom recovered photos, photos of those people involved and the real name and so on. is said to be surprisingly effective, commercial sex workers clients run a lot more quiet village. This practice media reports, the cause

    of the controversial. Some people think it is a private right of civil rights acts of rape, it was considered a punishment outside the law, some people think that publicity whoring violation of human dignity involved. but some people think that rape has nothing to do public and private rights right, one of the reasons is that prostitution despite repeated prohibitions against ineffective, since the effect is good, those who may wish to publicity about prostitution. I believe that there is no legal basis for publicity whoring, which was

    an external law, "criminal", and the Zhuapiao site condom recovered photos made public, is suspected of contamination with yellow, especially for young people adverse effects can not be ignored, and the glimpse of some people to meet the

    private psychological, should be stopped. reposted elsewhere in the Research Papers Download http:/ /

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