Case, prime culprit was sentenced to three and a half years in prison, not long before had been released from jail; Shanghai in 2014 8 people assembled licentious actives case, principal only sentenced to 5 months in detention. Just sentencing from the same charges can span from the death penalty to 5 months in detention this point has been can be seen, this one accusation problems. Under the same charges in the circumstances of the case, the same situation, some sentenced to death, and some only sentenced to 5 months in detention, a set of the accusation itself wondering: what is it punish? This kind of behavior is the degree of harm to society how? From the most recent case of sentencing, the death sentence clearly have the punishment exceed the crime. A assembled licentious actives crime legal question is: in such cases there is no victim, participants all out. Criminal law why to punish a party all voluntary without the victim's behavior? To give citizens and the constitution of this approach, human rights (including the right) are in conflict with each other, this provision is residual severe law of the cultural revolution, which should be corrected. (cancel the labor law for the same nature of the reason: not sentenced put people up also violated the Constitution gives the citizen's personal freedom rights.) a favour retention group licentiousness crime people reason is, such behavior violates the social custom, because social customs that activities can only occur between two people, more than three people would be in violation of social. According to this logic, the law should sanctions are not married people without children, because the social custom is that everyone on marriage and child-bearing. Why not punish? If only a violation of social customs activities should not be subject to criminal punishment, why must punish behavior of more than three people? The in favor of group licentiousness. People worry that, if the cancellation of this charge, more than three people will be a lot of behavior. According to this logic, that should not be removed hooliganism, because after the cancellation of hooliganism, sex outside of marriage will be a substantial increase in. One interesting thing should let people holding this fear of knowing: cancel the rogue crime in 1997 criminal law at the same time, also cancelled counterrevolutionary crime, in accordance with these people's logic, we should not worry about cancelled the crime of counter revolution, counter revolutionary will increase? for those worried if not punished more than three people behavior will make such   In January 14th, the Shanghai Xuhui District court is not a public hearing the case together assembled licentious actives, the organizer Wu Ming (a pseudonym) was sentenced to criminal detention 5 months, the other 7 participants were also sentenced to administrative punishment. According to reports, Wu Ming, 30 years old, a famous doctor's degree, have a decent job, already married. He released his gay friends gatherings in the QQ group of information, organization and the other 7 men to the party by the public security authorities arrested on the spot.

   A little of this case is worth noting: those being punished for not gay, but assembled licentious actives.

   Group licentiousness crime is a crime in criminal law of 1997 after cancellation of hooliganism legacy. Cancel the rogue in 1997 before the crime, sex outside marriage of all citizens in theory can be regarded as the crime of hooliganism (and indictable offense, but don't tell the private prosecution crimes), be subject to criminal penalties. "Case" criminal records in such a case: "the defendant Wang XX, female, has to seduce more than men, and sexual relations. People's Procuratorate to sue to the court of hooliganism, with the crime of the defendant for the guilty verdict." (pp. 176-177) inmates not prostitution, just outside of marriage for consensual sexual conduct. Therefore, before 1997, all occurred in the marriage outside the voluntary behavior should be crime (of course, as the number of privately crime is very numerous, it is difficult to all one one criminals arrested restrain by law).

   After the 1997 Criminal Law abolished hooliganism, an accusation that rogue sin retained, called the promiscuous crime. Group licentiousness crime punish is the behavior of more than three people. In other words, the amendment of criminal law, sex outside of marriage as between two people can be without sin, but more than three people have.

   More than three sex for meeting or swapping activity. In recent years, because of the more than three activities more and more, almost caused the popularity of the situation, so the promiscuous crime of sentencing has substantially reduced. In many cases, the early 1980's, crime people have the death penalty, life imprisonment and 15 years felony (for example, a 8 people exchanging yokemate, principal of death, being an accessory to life imprisonment and 15 years in prison); by twenty-first Century, Nanjing Ma Yaohai exchanging yokemate, prime culprit was sentenced to three and a half years in prison, not long before had been released from jail; Shanghai in 2014 8 people assembled licentious actives case, principal only sentenced to 5 months in detention. Just sentencing from the same charges can span from the death penalty to 5 months in detention this point has been can be seen, this one accusation problems. Under the same charges in the circumstances of the case, the same situation, some sentenced to death, and some only sentenced to 5 months in detention, a set of the accusation itself wondering: what is it punish? This kind of behavior is the degree of harm to society how? From the most recent case of sentencing, the death sentence clearly have the punishment exceed the crime.

   A jurisprudential assembled licentious actives of the question is: in such cases there is no victim, participants all voluntary. Criminal law why to punish a party all voluntary without the victim's behavior? To give citizens and the constitution of this approach, human rights (including the right) are in conflict with each other, this provision is residual severe law of the cultural revolution, which should be corrected. (cancel the labor law for the same nature of the reason: not sentenced put people up also violated the Constitution gives the citizen's personal freedom rights.)

More people, I have an idea: I think the criticism of their ideas have a fundamental error, namely the basic opinions about sex is wrong. What is a good thing or a bad thing? If sex is essentially a bad thing, whether its quantity (frequency) the number of participants (person? Two people? Three people? Many people?) It is less; if fundamentally said is a good thing, then its frequency and the number of participants little more does not matter. Total amount of sexual activity (hundreds of millions of the world), frequency (per capita in the world per capita 104 next year), the total number of (in billions of the world), each attended by mean (median course was two, the mean is not necessarily) increased, should not hurt people, not to hurt the society. If the number of participants in a pile behavior is so important, but less is better, suggested that the state set up a masturbation award, because the number of participants in this behavior than less than half two people. to make a long story short, the Shanghai group licentiousness convicted although from the sentencing was more reliable than in the past, but I think, even if the 5 months in detention is not the case, the rest of the world from all over the country criminal law on the disposal of such activities, 5 months of detention is quite wide of the mark.   In favour of a reason to keep the people assembled licentious actives crime is, the violation of the social custom, because social customs that activities can only occur between two people, more than three people would be in violation of social customs. According to this logic, the law should sanctions are not married people without children, because the social custom is that everyone on marriage and child-bearing. Why not punish? If only a violation of social customs activities should not be subject to criminal punishment, why must punish behavior of more than three people?

   People in favor of group licentiousness. Worry, if the cancellation of this crime, sex three or more will increase. According to this logic, that should not be removed hooliganism, because after the cancellation of hooliganism, sex outside of marriage will be a substantial increase in. One interesting thing should let people holding this fear of knowing: cancel the rogue crime in 1997 criminal law at the same time, also cancelled counterrevolutionary crime, in accordance with these people's logic, we should not worry about cancelled the crime of counter revolution, counter revolutionary will increase?

   For those who worry that if not punished more than three people behavior will make such behavior increases person, I have an idea: I think the criticism of their ideas have a fundamental error, namely the basic opinions about sex is wrong. What is a good thing or a bad thing? If sex is essentially a bad thing, whether its quantity (frequency) the number of participants (person? Two people? Three people? Many people?) It is less; if fundamentally said is a good thing, then its frequency and the number of participants little more does not matter. Total amount of sexual activity (hundreds of millions of the world), frequency (per capita in the world per capita 104 times / year), the total number of (in billions of the world), each attended by mean (median course was two, the mean is not necessarily) increased, should not hurt people, not to hurt the society. If the number of participants in a pile behavior is so important, but less is better, suggested that the state set up a masturbation award, because the number of participants in this behavior than less than half two people.

In January 14th, the Shanghai Xuhui District court is not a public hearing the case together assembled licentious actives, the organizer Wu Ming (a pseudonym) was sentenced to criminal detention 5 months, the other 7 participants were also sentenced to administrative punishment. According to reports, Wu Ming, 30 years old, a famous doctor's degree, have a decent job, already married. He released his gay friends gatherings in the QQ group of information, organization and the other 7 men to the party by the public security authorities arrested on the spot. A this case worthy of attention is: be punishment charges not gay, but the. assembled licentious actives sin a sin is to cancel the rogue legacy after 1997 Criminal law. Cancel the rogue in 1997 before the crime, sex outside marriage of all citizens in theory can be regarded as the crime of hooliganism (and indictable offense, but don't tell the private prosecution crimes), be subject to criminal penalties. "Case" criminal records in such a case: "the defendant Wang XX, female, has to seduce more than men, and sexual relations. People's Procuratorate to sue to the court of hooliganism, with the crime of the defendant for the guilty verdict." (pp. 176-177) inmates not prostitution, just outside of marriage for consensual sexual conduct. Therefore, before 1997, all occurred in the marriage outside the voluntary behavior should be crime (of course, as the number of privately crime is very numerous, it is difficult to all one one criminals arrested restrain by law). After 1997 years of criminal law to cancel hooliganism, an accusation that rogue sin retained, called the promiscuous crime. Group licentiousness crime punish is the behavior of more than three people. In other words, the amendment of criminal law, sex outside of marriage as between two people can be without sin, but more than three people have. More than three people behavior for meeting or swapping. In recent years, because of the more than three activities more and more, almost caused the popularity of the situation, so the promiscuous crime of sentencing has substantially reduced. In many cases, the early 1980's, crime people have the death penalty, life imprisonment and 15 years felony (for example, a 8 people exchanging yokemate, principal of death, being an accessory to life imprisonment and 15 years in prison); by twenty-first Century, Nanjing Ma Yaohai swapping   To make a long story short, the Shanghai group licentiousness convicted although from the sentencing was more reliable than in the past, but I think, even if the 5 months in detention is not the sentence, from other countries all over the world criminal law on the disposal of such activities, 5 months of detention or phase when.