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發表於 2015-7-10 21:42:35 | 只看該作者 回帖獎勵 |正序瀏覽 |閱讀模式
Channel Nanjing, Jiangsu Xinhua May 20 (Reporter Gu Ye) Qinhuai District Court on the 20th in the morning at a public sentencing, former associate professor at a university in Nanjing, Ma Yao Hai and other 22 per capita was identified constitute the crime of gathering promiscuous, many legal experts this decision He agrees that the majority of society to respond to such acts harmful to society and illegality always remain sober-minded.
 
The case at the first hearing on April 8, all 22 defendants appear in court. 21 of whom pleaded guilty, but expressed the hope that the court consider other reasons, a lighter punishment. Only former associate professor at Nanjing University defender Yao sea horse - Xue Huogen, Yao Yongan made it clear that to be pleaded not guilty. Ma Yao Hai eventually jailed for three years and six months, becoming the 22 defendants, sentencing the most important one.
 
Accused Ma Yao Hai Yao Yongan defender, told reporters that according to the provisions of Article 301 of the Criminal Code, gathered to engage in promiscuous activities, the ringleaders or has participated in the five years of imprisonment, criminal detention or public surveillance. However, with regard to the crime, neither legislative interpretation, and no judicial interpretation, legal interpretation is different, so, how the correct interpretation of "inciting debauchery," a problem.
 
This Criminal Law Research Association of Jiangsu Province, Nanjing University Law School professor Sun Guoxiang that the law on the crime of gathering promiscuous has stipulated very clearly the case after the defendant's behavior in the community understood as "wife", this is actually a misnomer reading, in fact,http://www.59xiaoqu.com/forum.php?mod=viewthread&tid=297953, the defendant's conduct was more than in the same place to have sex,http://888yanwang.com/news/html/?8158.html, in line with the Criminal Law "mob promiscuous crimes" Elements.
 
Law School of Nanjing Normal University, Pang being considered,boutique louboutin paris, both in closed rooms in sex is a personal freedom, and people engaged in sex in the same place, constitutes a "mob" is beyond the scope of individual liberty, public authority You can intervene.
 
Yao Yongan believe belong to criminal law crime of gathering promiscuous Chapter VI (obstruction of social management order crime) in the first quarter (to disturb public order offenses) is a crime, so the mob adultery should be: in the ringleader of organization and leadership, Many progressive games, disrupt public order, impair social order, serious behavior.
 
In this case, Ma Yao Hai is involved in 18 of the game, but rather the organizers invite people, we are all participants have equal status,http://rvjun.com/news/html/?20013.html, the same effect. So there is no ringleaders, so there is no "crowd" legal problems. On space is limited to the room,air jordan,http://www.leapleer.cn/apps.php?q=diary&a=detail&did=268756&uid=11453, and is carried out in the closed state. Participants can consciously abide by the rules of the game, so,http://bbs.xinyangche.cn/forum.php?mod=viewthread&tid=717307, neither civil disputes occur, nor lead to security cases more than two years, has not been found, including the judiciary, including the outsider, it does not disturb public order and prejudice exist social order problems. However, since the judiciary is a personal privacy for such behavior to start criminal proceedings, with the media coverage that has caused an extremely bad influence on society.
 
Yao Yongan that, according to Article 13 of the Penal Code provides that only social behavior, according to the law should be subject to criminal sanctions, is a crime. The behavior of the game implemented by the defendant in this case, does not harm society, in accordance with the law should not be subject to criminal sanctions, therefore, not a crime, but on a voluntary,air max pas cher, confidential and be fair to the premise of the game, there is no danger to society. If the result of these circumstances prejudice the public management of social order,http://www.7756w.com/forum.php?mod=viewthread&tid=17213, is not responsible for the individual. Therefore, its behavior constitutes neither a mob adultery, nor does it constitute the other charges.
 
Sun Guoxiang that the protection of the law is good social,nike air max pas cher,http://bbs.nydxwhw.com/forum.php?mod=viewthread&tid=297657, although sex is also progress with the times and constantly changing, people will be more tolerant of sex, but sex eventually will be good social constraints. Monogamy is still the country's current legal institution of marriage, sex is the idea secret, is still the mainstream view of society at large. Law "inciting sexual immorality" It is a kind of protection against the social mainstream gender relations.
 
Sun Guoxiang that the conduct of the defendant in this case has a certain contagious,http://tao-88.com/forum.php?mod=viewthread&tid=31123, and the defendant's conduct is difficult for our society to accept, from this point of view, the defendant's conduct has disrupted the public order, impair the social management order, harmful to the society .
 
Sun Guoxiang said that, in fact, the United States and other Western countries for religious and cultural or social customs and other considerations, there are also charges of adultery and similar mob. The conviction and sentencing of the case is a judicial process, some people believe that "the crime of inciting debauchery,boutique louboutin paris," is outdated, it is a legislative issue that can be discussed, but nothing to do with justice, the crime of gathering promiscuous Nanjing court's decision reflects "the law must be according to "the rule of law.
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