It has been widely recognized through criminal legislation that the production be-havior at the"top"of the responsibility chain for child pornography crimes and the dissemination behavior in the"middle"have been regulated.However,there are doubts about the punitive na-ture of personal possession behavior at the"bottom"of the responsibility chain.The criminaliza-tion of personal possession behavior is based on market theory,inducement theory,propensity theory,and privacy theory.Through examination and reflection on the reasons for criminaliza-tion,it can be found that the normative causal relationship between personal possession behavior and child sexual abuse is vague and uncertain.Criminalizing it may lead to the risk of"crossing boundaries"and"overload"in criminal law.By implementing administrative penalties and re-lated supporting measures to regulate personal possession behavior,it is possible to prevent and prevent the occurrence of child sexual abuse while adhering to the modesty and last resort nature of criminal law.
关键词
儿童色情制品/单纯持有行为/儿童性虐待/隐私权/刑法谦抑性
Key words
Child Pornography/Solitary Possession/Child Sexual Abuse/Privacy Rights/Principle of Modesty in Criminal Law
维普
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