“网络裸聊”行为的定性刑法学专业论文.docxVIP

II II Abstract With the development of network technology, The forms of Network exchange have become increasingly diversified .Nude chat behavior usually refers to a new type of network chat which was born according to the platform of network.. And the rise of it resulted in a very bad effect in the community. It can be divided into three types: point-to-point nude chat (also known as the one-to-one bare chat), point opposite nude chat; and group nude chat. The Traditional view is that the behavior of nude chat online has four characteristics: Virtual, non-contact, dramatic, and interactive. But I believe that the virtual and non-contact characteristics is both sides of a problem and this behavior mainly perform on three characteristics. On the behavior of nude chat online, in theory, there are two main points: the guilty and not guilty saying. The first saying insists that part of this behavior can poisone the social atmosphere. Even has more serious harm than the pornography. So this part of the conduction is of serious social harm and it should be subjected to torture system. But the Not guilty saying insists that all of the actions is just a personal privacy, only a moral issue. Even some acts is of serious social harm, However, due to the Penal Code does not require, still can not be used to adjust the Penal Code, so it does not constitute a crime. The main reasons are the following four: The first is that the nude chat online criminal acts in violation of the principle of legality; second is that this behavior did not violate the law benefits; The third is that the this criminal conduct, contrary to the principle of Criminal Law; The last is that this behavior is just a kind of freedom expression. Why there are disputes on this behavior? Mainly because there are legislation, theories, facts and social four reasons for the levels. Legislation, the facts and the reasons for the social dimension are objective, they can not be changed, so the theory is to clarify