对于“淫秽物品”的认定研究

Recognized Studies on"Obscene Goods"

对于淫秽物品的认定,虽然我国现行刑法典及相关司法解释有着明文规定,但对于如何认定淫秽物品,在刑法理论界一直存有争议,这也导致司法实践中对淫秽物品的认定不同。本文通过对淫秽物品的载体范围、淫秽物品"淫秽性"的判断标准、淫秽性与科学性、艺术性并存时淫秽物品的判断等几个方面出发,对于应该如何认定淫秽物品进行详细讨论。

Regarding recognition of obscene goods, although our country has presented punishment statute book and the correlation judicial interpretation has the regulations, reorganization of the obscene goods still has the dispute in the criminal law theory, which also causes the reorganization differently of the obscene goods in the judicial practice. Through the carrier confines of obscene goods, the standard judgment of obscene goods, obscene and the scientific nature, and the artistry, when those coexist, it can be considered from those factors. It also discusses how to recognize the obscene goods.