The Criminal Law Regulation of the Organization of Paid Escort:Reflection and Optimization
With regard to the organization of minors for paid escort services,the current practice,as represented by the guiding cases,is to apply the crime of organizing minors to carry out activities in violation of public security management to achieve criminal attribution.However,this regulatory path equates paid escort with violation of public security management activities,which has the disadvantages of violating the rules of interpretation of the same kind,breaking the extension of violation of public security management activities,and improper application of the crime.Therefore,it is necessary to optimize the path of criminal law regulation of paid escort,specifically from the two dimensions of"organization"and"paid"to develop the interpretive analysis.The"organization"dimension means such crime,based on the organization of the means of behavior,can be applied to intentional injury,illegal detention,forced labor,child abduction and other crimes,while"paid"dimension is to return to the organization of the business nature of paid escorts,and the crime can be applied to illegal business crime.However,the interpretative program based on these two dimensions is only"sub-optimal"and not perfect.The fundamental solution is to amend the legislation,which includes two specific.paths,namely,to amend the pre-administrative law and to create a mandatory crime in the criminal law.
organizationpaidminorsexpansion of purposesimilar interpretation
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