网络主播色情直播的定罪问题研究

Study on the Porn Broadcast Conviction of Online Anchor

网络直播作为一个新兴事物,在蓬勃发展的同时也显现出诸多弊端。其中,网络直播涉黄是比较典型的问题,挑战着法律与道德的底线。然而司法实践对此类案件的定性不一而足,引发社会各界广泛的讨论。因此,有必要理顺网络主播直播色情内容与传播淫秽物品牟利罪、组织淫秽表演罪和聚众淫乱罪之间的关系,以规范实务中罪名的认定。

As a new thing, network broadcast has shown many drawbacks while it is booming. Among them, the pornographic content in online broadcast is a typical problem, which challenge the bottom line of law and morality. However, judicial practice has different qualitative characteristics for such cases, which has led to extensive discussions in various sectors of society. Therefore, it is necessary to straighten out the relationship between the porn broadcast of online anchors and the crime of spreading obscene articles for profit, the crime of organizing obscenity performance and the crime of assembled pruriency, so that to standardize the conviction in the practice.