The Normative Principle and Identification Standard of Network Indecent Crime
Based on the characteristics of network indecency,there are some disputes in the application of indecency crime.Even if the judicial interpretation provides some standards for the identification of online indecency crimes against minors,there are dif-ficulties in the identification of online indecency crimes in terms of behavior mode,coercive means,judgment of crime amount,distinction of the object of infringement,and aggravating circumstances.The reason for these difficulties is that the traditional normative principle of indecency crime based on the taboo of physical contact cannot be applied to the situation of network inde-cency.According to the characteristics of network indecency,we should transform to the normative principle of space prevention,expand the scope of autonomy in legal interests,turn to spiritual coercion in compulsory attributes,and define new forms of space manipulation and exposure indecency in behavioral modes.And determine the standard of crime according to the degree of psycho-logical assault.On the basis of the updating of the normative principle,it can effectively solve the problem of the identification of network space indecency,clarify the characteristics and types of the implementation of space separation in the way of behavior,clarify the identification standards of mental coercion,distinguish and judge the amount of crime according to the degree of psy-chological abuse,clarify the difference in the identification standards of adults and minors,and clarify the identification standards of network gathering and public space.
internet indecencycrime of indecent assaultcontact tabooair isolation prevention
万方数据
维普
