对个人持有淫秽物品警务处置的法律分析

The Legal Analysis on Police's Dealing with the Individual Who Holds Obscene Goods

2003年的陕西"夫妻看黄碟事件"、任超奇电脑存黄片案、唐尚海手机存黄案等案件都引起了社会公众的关注,这些案件最后都以公安机关的"低头"而终结,至今却仍未见有相关法规出台。文章对事件的法律性质进行了分析,认为私人单纯地持有、欣赏"淫秽物品"不构成违法犯罪,而属于需要排除行政权等非法干涉的私权范围,同时也对公安执法的改进进行了思考。

The case of ＂a couple watched the obscene disc ＂ of Shanxi in 2003, the case of RenChaoqi＇s computer stores obscene movies, the case of Tang Shangha＇s mobile telephone stores obscene movies and so on have caused concerns among the public of society. These cases are all ended by temporization of the police, but so far it has no relevant regulations still. The author has carried on the analysis on the legal nature of these cases, and considered that the pure appreciation of ＂the obscene goods＂ does not constitute a criminal offense. But it is the private domain that the executive power should be removed. Simuhaneitily the author considered the improvement of law enforcement by the police.