synonymgo whoring(Illegal behavior) generally refers to prostitution
Prostitution refers to an unspecifiedmoney. Sexual relations with property as a medium (excluding massage services such as oil pushing) (including vaginal intercourse, masturbationMasturbation, anal sex, etc.).Prostitutiongo whoringReceived in our countrylawOf, belonging toIllegalBehavior.Prostitution will spreadSTD，Syphilis，hepatitis B，AIDS, and so on infectious diseases!
Subjectively, the actors have reached an agreement on prostitution, negotiated a price or paid moneyproperty, and has started to implement it, but because of his ownSubjective willHaving not had sexual relations for reasons other than;Or it has happenedSexual relationsHowever, those who have not yet paid money or property can be dealt with according to law as prostitution.
punish
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The public security organ shall impose punishment on persons engaged in prostitution and whoring in a manner commensurate with the fact, nature and circumstances of the illegal act and the degree of harm done to society. It is strictly prohibited to use fines instead of penalties, reeducation through labor, shelter educationAdministrative detention。When dealing with prostitutes and whores, the public security organ shall implement the following standards of punishment: those who engage in prostitution and whoring shall be detained for 10 to 15 days, and may also be fined less than 5000 yuan;Those who have people over 14 but under 16 who engage in prostitution, those over 16 but under 18 who engage in prostitution for the first time, or those forced by life to engage in prostitution for the first time, which belong to "minor circumstances", shall be detained for not more than 5 days or fined not more than 500 yuan;For those who engage in prostitution, onlyPublic security management punishment；If a person who has reached the age of 16 but not the age of 18 engages in prostitution for many times, or a person who has reached the age of 18 engages in prostitution for more than two times, he or she shall be taken in for education according to law;Those who engage in prostitution and whoring after being dealt with by the public security organ for prostitution and whoring shall be subject to reeducation through labor (reeducation through labor has been abolished in China), and shall be fined less than 5000 yuan by the public security organ.Administrative detention punishment shall be given to those who are pregnant or breast-feeding their babies under the age of 1, or who engage in prostitution or whoring by people over 70, but no administrative detention punishment shall be imposed.
When investigating and collecting evidence, the public security organ should pay attention to respecting and protecting the personality rights and privacy rights of the parties concerned.Seized prostitutes and whores shall be subject to compulsory STD inspection.Those suffering from venereal diseases shall be given compulsory treatment.
objective element
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The objective aspect of this crime is that the perpetrator has organized, planned and directed the prostitution of others.
Organization refers to initiating and establishingprostitution ring orProstitution dens, centralize and control scattered prostitution, and play an organizational role in it.For example, the scattered prostitutes are combined in series to form a relatively fixed prostitution group, and coffee shopsBall Room, restaurants, hotels, taxis and other organizations become places for prostitution or disguised prostitution, which is a relatively common form of organized prostitution.
Planning refers to the act of planning and making plans for organizing prostitution activities.Such as making plans for organizing prostitution groups, drawing up specific programs, looking for prostitutes, and choosing time, place, and designing camouflage scene for the establishment of prostitution dens.Planning behavior is an important decision making behavior for organizing criminals, which plays an important role in completing specific crimes, so it is an important and generalized organizational behavior.
commandIt means that the actor plays a leading and commanding role in organizing other people's prostitution activities, such as actual command, order, and scheduling the specific implementation of prostitution activities.Commanding is the act of directly implementing the plan and the organizer's intention, and often has a direct decisive role in the specific implementation and organization of prostitution activities.
The above three acts of organization, planning and commanding are all acts of organizing prostitution, which are obviously organized,ActorAs long as they have one or more of these behaviors, they can be identified as organizing prostitution.
The specific means of organizing others to prostitution are mainly recruitment, employment, coercion, inducement, shelter and other means.
Recruitment refers to the act of recruiting or enlisting voluntary prostitutes into prostitution groups or other prostitution organizations to engage in prostitution.Employment refers to the employment of voluntary prostitutes to participate in prostitution groups or other organized prostitution activities on the condition of capital contribution.The term "coercion" refers to the use of violence, coercion or other means to force or compel persons who are unwilling to engage in prostitution or who are unwilling to participate in prostitution organizers to join prostitution groups and other prostitution organizations, and to force persons who are unwilling to engage in organized prostitution activities.Luring means using money, propertyHueThey are used as bait to induce others to participate in prostitution groups or other prostitution organizations, or to induce others to participate in other organized prostitution activities.Accommodation refers to accommodating and receiving voluntary prostitutes to join prostitution groups or other prostitution organizations, or to participate in organized prostitution activities.
The above five specific means can be used at the same time or only one or more of them, which will not affect the establishment of this crime.
Disputes on receiving education
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The Decision of the Standing Committee of the National People's Congress on the Prohibition of Prostitution and Whoring stipulates that "those who engage in prostitution and Whoring may be forced by the public security organs in conjunction with relevant departments to concentrate on legal and moral education and production labor to change their bad habits. The time limit is six months to two years. The specific measures shall be formulated by the State Council." Subsequently, the State Council promulgated the Measures for the Reception and Education of Persons Who Engage in Prostitution and WhoringProvisions: "For those who engage in prostitution or whoring《Regulations on Administrative Penalties for Public Security》In addition to the punishment provided for in Article 60, if it is not enough for reeducation through labor, the public security organ may decide to accept it for education. "The duration of education in detention is six months to two years, and prostitution and whoring personnel are placed in specific places for forced labor reform, which is an obvious limitationPersonal freedomMeasures.According to the provisions of the Legislative Law, only laws can be enacted to deprive citizens of their political rights, impose measures and punish them for restricting their personal freedom.The Decision on Prohibiting Prostitution and Whoring formulated by the Standing Committee of the National People's Congress is not a law, and it has no right to formulate provisions restricting personal freedom. This decision of the Standing Committee of the National People's Congress conflicts with the Legislative Law and should be invalid.At the same time, the Measures for the Reception and Education of Prostitutes and Whoring Workers formulated by the State Council also conflicts with the Legislative Law, which should naturally become invalid[2]。
Method of receiving education
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Decree of the State Council of the People's Republic of China
(No. 127)
The Measures for the Reception and Education of Persons Engaging in Prostitution and Whoring are hereby promulgated and shall come into force as of the date of promulgation.
Article 2 The term "receiving education" as mentioned in these Measures refers to the administrative compulsory education measures to centralize the legal and moral education, organize the participation in production and labor, and carry out the examination and treatment of sexually transmitted diseases for the prostitutes and prostitutes.
The policy of education, persuasion and salvation shall be implemented in the work of education for shelter.
Article 3 The Ministry of Public Security shall be in charge of receiving education.
Article 4 The public security organ of a province, autonomous region, municipality directly under the Central Government or an autonomous prefecture or a city divided into districts shall, according to the needs of the work of receiving education, put forward a plan for the establishment of an educational shelter and submit it to the people's government at the same level for approval.
The local planning commission and the financial department shall include the capital construction investment and the required funds of the shelters in the capital construction plan and financial budget.
Article 5 The shelters for education shall, according to work needs, be staffed with staff for counseling, medical care, finance and accounting, etc.
Article 6 A shelter for education shall be provided with shelter rooms and places for education, labor, medical treatment, cultural activities, etc.
Article 7 Persons engaged in prostitution or whoring, in addition to being punished in accordance with the provisions of Article 30 of the Regulations of the People's Republic of China on Administrative Penalties for Public Security, may be accepted for education by the public security organ if they are not enough for reeducation through labor.
Persons engaged in prostitution or whoring in any of the following circumstances may not be accepted for education:
（1） Under the age of 14;
（2） Suffering from acute infectious diseases other than venereal diseases;
（3） Pregnant or breast-feeding the baby born within one year of age;
（4） Being abducted or forced into prostitution.
Article 8 The public security organ at the county level shall decide on the education of persons engaged in prostitution and whoring.If it is decided to implement education for shelter, the relevant public security organ at the county level shall fill in a decision on education for shelter.A copy of the decision on receiving education shall be given to the person receiving education, and his family members, his unit and the local public security police station in the place of residence shall be notified within 15 days from the date of the decision.
Article 9 The term of detention for education shall be from six months to two years.
The date of receiving education shall be counted from the date of implementation.
Article 10 Shelter education centers shall conduct examination and treatment of sexually transmitted diseases for the educational detainees who enter the shelters.The expenses for examination and treatment of venereal diseases shall generally be borne by the person or his family members.
Article 11 Educational shelters shall separately manage the educational detainees according to their sex and whether they have sexually transmitted diseases.
Female personnel who are taken in for education shall be managed by female staff.
Article 12 Educational shelters shall be managed in accordance with the law, establish and improve various management systems, and it is strictly prohibited to beat, abuse, corporal punishment or insult the educational detainees in other ways.
Educators in shelters shall abide by the various management systems of shelters and obey the management.
Article 13 Persons who are taken in for education shall receive legal and moral education, and be organized to participate in productive labor, learn production skills and enhance their sense of work.
The labor income obtained by the educational personnel in custody by participating in production labor is used to improve the life of the educational personnel in custody and the construction of the educational institutions in custody.A certain amount of labor remuneration may be paid according to regulations to those who are taken in for education and take part in productive labor.A shelter education center shall establish separate accounts for labor income and expenditure and strictly manage them.
Educational shelters shall be managed in a civilized manner and organize educational personnel to carry out beneficial cultural and sports activities.
Article 14 In general, the living expenses of the persons receiving education during the period of receiving education shall be borne by themselves or their family members.
Article 15 If the articles taken by the educational internees when they enter a shelter need to be kept by the educational internees, the educational internees shall make records and keep them properly, and return the original articles to the educational internees when they leave the shelter.
Article 16 An educational shelter shall allow the family members of the educatees taken in to visit.
During the period of receiving education, if a detainee needs to leave his home in case of the birth of a child, the serious illness or death of his family members, or for other legitimate reasons, his family members or his work unit shall guarantee and pay a deposit, and upon approval of the director of the institute, he may leave the home.Generally, the period of departure shall not exceed seven days.
The method for collecting the deposit shall be prescribed by the Ministry of Public Security.
Article 17 If a person receiving education shows true repentance or meritorious service during the period of receiving education, or under other special circumstances, he may be commended or be dismissed from receiving education ahead of schedule.If it is necessary to terminate the detention education in advance, the detention education center shall put forward opinions and submit them to the public security organ that originally decided to implement the detention education for approval.However, if the detainment education is terminated in advance, the actual period of detainment education shall not be less than half of the originally decided period of detainment education.
Article 18 Any person who refuses to accept education or refuses to obey management may be given a warning or the period of receiving education may be extended.If it is necessary to extend the period of detention education, the detention education center shall put forward its opinions and submit them to the public security organ that originally decided to conduct detention education for approval.However, if the time limit for receiving education is extended, the actual time limit for receiving education shall not exceed two years.
If, during the period of detention for education, it is found that the educational personnel in detention have other illegal and criminal acts that have not yet been dealt with, it shall be dealt with in accordance with the relevant laws and regulations.
Article 19 A person who has completed the period of receiving education shall be released from receiving education on schedule, issued with a certificate of release of receiving education, and notified his family members or the unit to which he belongs to take it back.
Article 20 If a person receiving education refuses to accept the decision on receiving education, he may apply for reconsideration to the public security organ at the next higher level in accordance with the Regulations on Administrative Reconsideration;If they are not satisfied with the reconsideration decision of the public security organ at the next higher level, they may bring a lawsuit to the people's court in accordance with the Administrative Procedure Law of the People's Republic of China.
Article 21 If an educator who is taken in for education dies during the period of taking in for education, the public security organ shall organize a forensic physician or a designated doctor to make a death appraisal, which shall be examined by the people's procuratorate at the same level, reported to the public security organ at the next higher level and the people's procuratorate for the record, and fill in a death notice to inform the family members of the educator who is taken in for education, the unit where he works, and the local police station where his residence is located;If the family member refuses to claim it, the public security organ shall take a photo and deal with it.
Article 22 The Ministry of Public Security shall be responsible for the interpretation of these Measures.
Article 23 These Measures shall come into force as of the date of promulgation.
On March 27, 2020, according to Decree No. 726 of the State Council of the People's Republic of China, the "Measures for the Education of Persons Who Engage in Prostitution and Whoring" was abolished.[1]
