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[color=] Nanhai, Guangdong, a barber shop to hire more women offering erotic massage, seized by the police. Shop owner Lee and the others were sentenced to organize prostitution, the parties appeal, Foshan Intermediate People's Court pronounced its verdict that the facts are unclear, improper application of law to decide remand, and according to the provincial court in 2007 for approval replied that involved in the areas of "planes", "wash aircraft", "waves push" three kinds of color [/color] Love service, do not belong to the "Criminal Law" to organize, force, seduce, shelter or prostitution, "prostitution", the last three defendants were acquitted. (June 26 "Nanfang Dushi Bao")
This news was reported after a public outcry, and the users also sparked fierce controversy. There CPPCC members, prominent lawyers believe that the approval of the Ministry of Public masturbation is the act of prostitution, in the process of handling cases there is a reference in nature. Another law professor suggested that the meaning of prostitution is not static, but changes with the social life and development. Some netizens even from the "planes is not a prostitution", the association reported to the media in Guizhou police, "with sets not rape" speech, erotic massage on offer was acquitted shopkeepers do not understand the level and judgment of the Court has questioned.
In fact, as lawyers who CPPCC members have pointed out, there is a legal loophole. In other words, "playing airplane" like behavior exactly count as prostitution, where the existing legal provisions and not clearly defined. It is because of this reason, before the emergence of similar cases elsewhere, the parties and some convicted, some but was acquitted. I thought, "Crime and Punishment" should be the basic principle of the rule of law, the law did not formally amend before the introduction of judicial interpretation, just as men can not be given to women rape rape, can not be regarded as obscene as rape, nor shall the provision of masturbation services as prostitution, to provide a venue for such erotic massage as harboring prostitution. Therefore, the court's decision is appropriate.
However, according to the existing law can not masturbate prostitution as criminal law, does not mean approval of the Ministry of Public completely pointless. Approved in accordance with the Ministry of Public Security in 2001, profit for the purpose of sexual relations and other improper acts of masturbation, are acts of prostitution, for the perpetrator shall be according to law. This actually reflects two of information. First,[link widoczny dla zalogowanych], for paid sexual services act, our country is to be hit, not conviction should order punishment. Nanhai this three acquittal does not mean that their behavior is not illegal,[link widoczny dla zalogowanych], does not require to accept the punishment. Second, in recent years, a variety of sexual services in urban and rural phenomenon intensified, the public reacted strongly hope severely punished, purify social conduct.
but we also see that not all of the public support the concept of prostitution and striking surface magnification. Sociologist Li Yinhe, Su Chi students and other well-known lawyer even suggested that the acts of prostitution "decriminalized" legalization, social support was also voiced their perspectives. The investigation of prostitution main public security organs, because the Ministry of Public encouraging approval, there are also public opinion, public support, many places in the open practices so far, very severely punished for sexual services, and some even with a condom finds prostitution, Some of the presumption of guilt on entertainment, random checks, interfere with the normal operation, some even violations of personality, wanton humiliation allegedly pornographic staff. But in secret, some of the police but then places condone prostitution, protection, and some local officials have acquiesced. This is the consensus of the community is not established, the regulations are ambiguous consequences.
I think that the act of sex services, whether it is a more severe blow, or moderately increased tolerance, must be in-depth discussion of the premise, timely revision of the law, so that the relevant offense define more clearly and allow criminal and administrative law enforcement departments cognition, tend to agree together. While also seeing pornography behind the growing complexity of reasons,[link widoczny dla zalogowanych], not just in the hands of the law will govern a way to combat this. Social divide between rich and poor, young people the severe employment situation, the lack of morality and law-related education, and even household barriers caused by migrant workers couple separated, are led to a variety of sexual services, including the "planes" and the like marginal sex trade increasing factors that need attention.
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published in China Daily, published in the paper title "Combating prostitution legal tangle", see: [link widoczny dla zalogowanych] .cn/2013-06/27/content_8501455.htm
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