Many places that seem to provide normal services actually hide dirty activities, such as prostitution. In recent years, the state has cracked down more and more on this kind of crime, but it can't be stopped. This illegal behavior of trading sexual services through money will be punished once it is discovered. So, what are the legal provisions for whoring? Let's have a look!
First, the identification of prostitution:
Prostitution and whoring generally refers to the behavior that one party provides sexual services to the other party through money transactions to satisfy the other party's sexual desire. As for the specific way of sexual behavior, it does not affect the identification of prostitution.
The Reply on Qualitative Handling of Money-Mediated Sexual Behavior between Same-Sex pointed out: The behaviors of improper sexual relations between the opposite sex or the same sex with money and property as the media include oral sex, masturbation, sodomy and so on. All belong to prostitution, and the perpetrators should be dealt with according to law.
Two, China's laws and regulations on prostitution mainly have three provisions:
1 Decision on Prohibiting Prostitution and Whoring In order to prohibit prostitution and whoring, severely punish criminals who organize, force, seduce, shelter or introduce others to prostitution, and maintain social order and good social atmosphere, the relevant provisions of the Criminal Law are amended as follows:
Article 1 Whoever organizes others to engage in prostitution shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not more than 10,000 yuan or confiscated of property; If the circumstances are especially serious, he shall be sentenced to death and his property shall be confiscated. Those who assist in organizing others to engage in prostitution shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and fined not more than 10,000 yuan; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years, fined not more than 10,000 yuan or confiscated property.
Article 2 Whoever forces others to engage in prostitution shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not more than 10,000 yuan; Under any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not more than 10,000 yuan or have his property confiscated; If the circumstances are especially serious, he shall be sentenced to death and his property shall be confiscated:
(a) forcing a young girl under the age of fourteen to engage in prostitution;
(2) Forcing many people to engage in prostitution or repeatedly forcing others to engage in prostitution;
(3) Forced prostitution after rape;
(4) Causing serious injury, death or other serious consequences to the person forced into prostitution. Article 3 Whoever lures, shelters or introduces others to prostitution shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined not more than 5,000 yuan; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years and fined not more than 10,000 yuan; If the circumstances are relatively minor, it shall be punished in accordance with the provisions of Article 30 of the Regulations on Administrative Penalties for Public Security. Whoever lures a young girl under the age of 14 into prostitution shall be punished in accordance with the provisions of Article 2 of this decision on forcing a young girl under the age of 14 into prostitution.
Article 4 Prostitution and whoring shall be punished in accordance with Article 30 of the Regulations on Administrative Penalties for Public Security. Prostitution and whoring can be forced by the public security organs in conjunction with relevant departments to focus on legal and moral education and productive labor, so that they can get rid of bad habits. The term is six months to two years. Specific measures shall be formulated by the State Council. Those who engage in prostitution or whoring after being dealt with by the public security organs shall be given reeducation through labor, and the public security organs shall impose a fine of not more than 5,000 yuan. Prostitution and whoring are subject to compulsory STD examination. Compulsory treatment for people with sexually transmitted diseases.
Article 5 Whoever knowingly engages in prostitution or whoring while others are suffering from serious sexually transmitted diseases such as syphilis and gonorrhea shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance, and shall also be fined not more than 5,000 yuan. Whoever whores with a young girl under the age of 14 shall be punished in accordance with the provisions of the Criminal Law on rape.
Article 6 Personnel of hotels, catering services, cultural and entertainment industries, taxi industry and other units who use their own conditions to organize, force, seduce, shelter or introduce others to engage in prostitution shall be punished in accordance with the provisions of Articles 1, 2 and 3 of this decision. If the principal responsible person of the unit listed in the preceding paragraph commits the acts listed in the preceding paragraph, he shall be given a heavier punishment.
Article 7 If hotels, catering services, cultural and entertainment industries, taxi industry and other units leave prostitution and whoring activities unchecked and fail to take measures to stop them, the public security organs shall impose a fine of 1 10,000 yuan or more110,000 yuan or less, and may order them to make rectification within a time limit and suspend business for rectification. If it is still not corrected after rectification, the business license shall be revoked by the administrative department for industry and commerce; The directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions by their units or higher-level competent departments, and the public security organ shall impose a fine of 1000 yuan.
Article 8 Persons in charge and employees of hotels, catering services, cultural entertainment, taxis, etc. who conceal information or tip off criminals when the public security organs investigate and deal with prostitution and whoring activities shall be punished in accordance with the provisions of Article 162 of the Criminal Law.
Article 9 State functionaries who are responsible for banning prostitution and whoring activities, in order to make criminals escape punishment, provide them with information and convenience, shall be punished in accordance with the provisions of Article 188 of the Criminal Law. Whoever commits the crime mentioned in the preceding paragraph and conspires with criminals in advance shall be punished as a joint crime.
Article 10 The illegal income from organizing, forcing, luring, sheltering or introducing others to engage in prostitution or whoring shall be confiscated. Confiscated income shall be turned over to the state treasury.
Eleventh this decision shall come into force as of the date of promulgation.
2. Article 66 of the Law on Public Security Administration Punishment stipulates: Article 66 Whoever engages in prostitution, whoring or soliciting prostitutes in public places shall be punished for prostitution and whoring, detained for more than 10 days and less than 15 days, and may also be fined less than 5,000 yuan; If the circumstances are minor, they shall be detained for not more than five days or fined not more than five hundred yuan. Whoever solicits prostitutes in public places shall be detained for not more than five days or fined not more than 500 yuan.
3. Measures for the Education of Prostitutes and Whores Article 1 In order to educate and save prostitutes and stop the spread of sexually transmitted diseases, these Measures are formulated in accordance with the Decision on Prohibiting Prostitution and Whores. Article 2 The term "shelter education" as mentioned in these Measures refers to the administrative compulsory education measures that focus on legal education and moral education, organize participation in productive labor, and conduct STD examination and treatment. The principle of education, probation and salvation should be carried out in the education of asylum. Article 3 The Ministry of Public Security is in charge of asylum education. Article 4 The public security organs of provinces, autonomous regions, municipalities directly under the Central Government, autonomous prefectures and cities divided into districts shall, according to the needs of the work of asylum education, put forward a plan for establishing an asylum education center and submit it to the people's government at the same level for approval. The local planning commission and the financial department shall include the capital construction investment and required funds in the capital construction plan and financial budget. Article 5 A reception education center shall be equipped with consulting, medical and accounting staff according to the needs of work. Article 6 A reception education center shall set up reception rooms and places for education, labor, medical treatment and cultural and sports activities.
Article 7 Whoever engages in prostitution or whoring shall be punished in accordance with Article 30 of the Regulations of the People's Republic of China on Administrative Penalties for Public Security. If it is not enough for reeducation through labor, the public security organ may decide to receive education. Prostitution and whoring personnel under any of the following circumstances shall not receive education:
(a) under the age of fourteen;
(2) Suffering from acute infectious diseases other than sexually transmitted diseases;
(3) Being pregnant or nursing a baby under one year old;
(4) Being trafficked and forced into prostitution.
In the first paragraph of Article 7 of the Measures for the Education of Prostitutes and Whores, "except for those punished in accordance with Article 30 of the Regulations of the People's Republic of China on Administrative Penalties for Public Security" is amended as "except for those punished in accordance with Article 66 of the Law of People's Republic of China (PRC) on Administrative Punishment for Public Security". Article 8 The public security organ at the county level shall decide to accept and educate prostitutes. Decided to receive education, the relevant public security organs at the county level shall fill in the decision of receiving education. The written decision on asylum education shall be copied to the educated person himself, and the family members, the unit where they work and the local police station where their household registration is located shall be notified within 15 days from the date of the decision. Article 9. The duration of detention education is six months to two years. The date of receiving education is counted from the date of implementation. Article 10 A detention center shall check and treat sexually transmitted diseases for the educated persons who are accommodated.
The cost of STD examination and treatment is generally borne by myself or my family.
Article 11 The receiving educational institutions shall be managed separately according to the gender of the received educatees and the presence or absence of sexually transmitted diseases. Female personnel receiving education should be managed by female staff.
Twelfth educational institutions should be managed according to law, establish and improve various management systems, and it is strictly forbidden to beat and scold, corporal punishment or insult the educated in other ways. The educated in the detention center shall abide by the management system of the detention center and obey the management.
Article 13 Legal education and moral education should be given to the educated who are accommodated, and they should be organized to participate in productive labor, learn productive skills and enhance their labor concept. The labor income earned by the sheltered educators from participating in productive labor is used to improve the life of the sheltered educators and the construction of the sheltered education center. Educators who are admitted to participate in productive labor can get certain labor remuneration according to regulations. The labor income and expenditure of the asylum education center should be set up separately and strictly managed. Educational institutions for asylum shall implement civilized management and organize the educated persons in asylum to carry out beneficial cultural and sports activities.
Article 14 The living expenses of an educated person who is admitted for education during the education period shall generally be borne by himself or his family.
Article 15 Where the articles carried by the educated in the shelter need to be kept by the shelter, the shelter shall register them and keep them properly. When the educated leaves the shelter, they shall return the original articles to the educated.
Article 16 Educational institutions shall allow family members of educatees to visit. During the period of education, if a child is born, a family member is seriously ill, dies or needs to leave school for other legitimate reasons, the family member or his unit can leave school with the approval of the director after guaranteeing and paying the deposit. The term of resignation is generally not more than seven days. The measures for collecting the deposit shall be formulated by the Ministry of Public Security.
Article 17. If the educated persons who have been admitted have truly repented or rendered meritorious service during their education, or have other special circumstances, they may be commended or their education may be terminated in advance. If it is necessary to terminate the reception education in advance, the opinions put forward by the reception education shall be reported to the public security organ that originally decided to implement the reception education. However, if the detention education is terminated early, the actual detention education period shall not be less than half of the originally decided detention education period.
Eighteenth for those who refuse to receive education or disobey management, they can be given a warning or extend the education period. If it is necessary to extend the period of detention education, the opinions put forward by the detention education institute shall be reported to the public security organ that originally decided to implement the detention education. However, if the term of reeducation through labor is extended, the actual term of reeducation through labor shall not exceed two years. During the period of education, if it is found that the educatee has other illegal and criminal acts that have not been dealt with, it shall be dealt with in accordance with relevant laws and regulations.
Nineteenth people who have completed their education shall be released from education on schedule, issued with a certificate of release from education, and notified to their families or units to take it back.
Twentieth detained educators who are dissatisfied with the decision on detention education may apply for reconsideration to the public security organ at the next higher level in accordance with the provisions of the Regulations on Administrative Reconsideration; If he refuses to accept the reconsideration decision of the public security organ at the next higher level, he may bring a lawsuit to the people's court in accordance with the provisions of the Administrative Procedure Law of the People's Republic of China.
Article 21 If an educated person who has been admitted dies during the education period, the public security organ shall organize a forensic doctor or designate a doctor to conduct a death appraisal, which shall be reviewed by the people's procuratorate at the same level, reported to the public security organ at the next higher level and the people's procuratorate for the record, and a death notice shall be filled out to inform the family members, units and local police stations of the educated person who has been admitted; Family members do not claim, by the public security organs to take pictures.
That's all the legal knowledge about prostitution I've compiled for you. It can be seen that there are three main legal provisions on whoring, all of which stipulate the handling of various problems in this respect. This behavior of proper relationship through money has seriously damaged the good atmosphere of society. Female friends should respect themselves and put an end to this behavior.