聚众淫乱罪的迷思与匡正——以“南京副教授换偶案”为线索分析

To rectify on the myth of assembling a crowd to engage in licentious activities crime——Based on the "the wipe-swapping case of Nanjing associate professor"

"南京副教授换偶案"作为热点案例,为我们透视聚众淫乱罪的立法层面和司法层面的问题提供了平台。对聚众淫乱罪立法沿革的阐释、对该罪的规范解读,无非是想说明,当下不宜轻率地取消聚众淫乱罪;聚众淫乱罪罪状是简明罪状,法律及法律解释对"聚众"和"淫乱"缺乏清晰明确和权威的界定,导致了该罪现实中的司法困境。实行司法对立法的能动反馈、对刑法条文进行道德解释、培育健全的法官人格无疑是实现司法突围的正确路径。

＂the wipe-swapping case of Nanjing associate professor＂ is a hot case, it provided a platform for us to see through the the crime of assembling a crowd to engage in licentious activities both on Legislative level and Judicial level. To expound the history of assembling a crowd to engage in licentious activities crime. To analyze the standard interpretation of this crime. We want to illustrate the viewpoint that it is rash to abolish this crime instantly; as this is a concise accusation, Also there is no clear and authoritative define of ＂assemble a crowd＂ and ＂licentious＂ in law or judicial interpretation, which caused judicial predicament in reality. There is no doubt that implement active feedback from judicature to legislation, given moral explanation on criminal law, to nurture sound personality of judge are good way to achieve legal breakthrough.