Explanation on the Obscene Materials in the Internet Era
The legal interest in the crime of obscene materials is neither in managing order or sexual customs,nor in public emotions and inaccessibility to the materials,but in sexual autonomy.The term obscene stipulated in China's criminal law is not subjective intention but objectively mandatory.Obscene materials can be divided into two categories:the materials that express mandatory sexual behavior,and those that directly infringe on sexual autonomy in the process of production,sale,and dissemination.The former should meet the requirements of public dissemination,while the latter should also be identified as a crime when the scope of dissemination is limited.
万方数据
