组织淫秽表演罪的定罪量刑与扩张重构——兼对“裸聊”、“群拍”等现象的分析

The Conviction and Sentence of the Crime of Orgnizing Pornographic Performance as Well as its Connotation Enlargement and Reconstruction

97《刑法》新增了组织淫秽表演罪这一罪名,但法律规定相对简单,也没有对应司法解释出台。随着社会的发展,这一罪名出现了内涵过窄,调整对象僵化的局面。淫秽表演的定义如何、是否应该扩张,组织者地位如何确定等定罪量刑的关键问题都需要进一步明确。在分析组织淫秽表演罪的立法初衷和现存缺陷后,应该一方面扩大"表演"内涵,另一方面进行罪名的扩张与重构。

The term ＂Crime of organizing pornographic performance＂ has been added to the Criminal Law which was enforced in 1997.However,the term is quite simple and no relative judicial interpretation has been issued.With the social de-velopment,problems such as narrow connotation and rigidification of object adjustment emerge with regarding to this crime.The issues such as the definition of pornographic performance,the necessity of the enlargment of the connotation and the determination of the organizer’s position are critical to the conviction and sentence of the crime,and therefore should be clarified.By analyzing the reasons of the legislation and existing shortcomings,it can be concluded that the meaning of ‘performance’ should be broad-ened and the crime should be enlarged and reconstructed.