《刑法》第358条刑罚适用问题探讨

《刑法》第358条的设置为学者诟病。组织卖淫罪的组织性界限不明，但当我们将组织卖淫罪限定在满足场所条件和人员规模条件后，各罪的界限开始清晰。组织卖淫罪的客观行为涵盖了强迫行为。当组织卖淫活动中出现强迫行为时，应以组织卖淫罪认定。本条规定的五项加重情节全部适用于组织卖淫罪，第（二）项至第（五）项适用于强迫卖淫罪。加重情节“强奸后迫使卖淫的”之强奸行为与卖淫行为存在顺承关系。强迫幼女卖淫无需对“幼女”的明知。在认定淫业犯罪时，应放弃对卖淫次数的评价。     

卖淫嫖娼和色情陪侍活动的特点及对策

卖淫嫖娼作为一种社会现象 ,是剥削制度的产物 ,是社会腐败的一种表现 ,也是人类文明进步的耻辱。特别是近几年由“三陪”演变而来的色情陪侍活动 ,与卖淫嫖娼活动交织在一起 ,使这一丑恶现象带有新的时代特点。各级公安机关在党委和政府的领导下 ,坚持不懈地进行整治与打击 ,取得了一定的成效 ,但没有达到预期的效果。为了有效地遏制和减少这类丑恶现象的发生 ,净化社会环境 ,打击和处理这一日趋严重的社会治安问题 ,本文作者经过大量调查并针对这一现象的特点 ,从理论上、法律上和治理对策上作了一些有价值的探讨。     

Prostitution as Vagrancy: Sweden 1923–1964

This article argues for the need of a historical perspective when discussing the construction of social and criminal state policy and legislation. The article discusses prostitution and women in prostitution as these were perceived in different commissions in Sweden during 1923–1964. During the period women in prostitution went from being characterized as ‘normal’ but a menace to society, to having hereditary deficiencies, to psychopathological and later to be seen as sociopaths. They should be corrected for the sake of the nation and society but also for their own sake. This article also shows that the conceptualization of prostitution as a question of male demand rather than female supply could be seen as early as in the 1950s. This demand of a change of policy, unheard for decades but then picked up again, has to be seen as a liberal feminist legacy rather than as a social democratic welfare development.     

Mothers Offending Against Their Role

ABSTRACT

Inmate mothers are not only seen to offend against society, but also against their role as mothers. They bear often public and private scorn for the dislocation their incarceration brings to their children and families. This paper reports on the Australian component of an international comparative policy study, Incarcerated mothers and children: Impact of prison environments(IM-CIPE). This study investigated the impact of the prison environment or institutional ecology on incarcerated mothers and their young children, aged birth to eight years (that is, mothers whose children live with them in custody and mothers who are separated from their children), in Queensland, New South Wales, Victoria and England. This paper draws on data from policy analyses; interviews with policy-makers, with inmate mothers, and with custodial and noncustodial staff; and observations within six women's prisons and their respective correctional authorities in the three Australian states. This paper argues for policies which support the inmate as mother and which support her children and their caregivers on the outside.     

Effects of the criminalizing policy of sex work in Spain

The aim of this study is to analyse the effects on sex workers of new regulations that ban the practice of street prostitution in Spain. This country has not traditionally maintained a clear policy regarding prostitution. However, in recent years there has been a clear turn towards the criminalization of behaviours related to voluntary prostitution. The city councils of several Spanish cities have banned the practice of street prostitution and sanctioned it with fines issued to both prostitutes and clients. Even if few studies on prostitution have been carried out in Spain, none of them had yet analysed the effects of the adoption of civic ordinances on sex workers.In this paper we present the results of an empirical research carried out with a sample of 79 sex workers – in 20 cases with in-depth interviews – to explore the effects of the new regulation on their labour conditions.     

传播性病罪的立法缺陷及其完善

目前,我国《刑法》中的传播性病罪存在罪名不准确、内容不明确、处罚不合理、规定不科学等缺陷,这些问题的存在,不仅造成了理论界对该罪的争议,更导致了司法实践上的不统一,因此,需要更改罪名,明确内容,增加情节和结果加重犯,扩大传播性病方式,设立传播艾滋病罪。     

For lust or gain: perceptions of prostitutes in eighteenth-century London

This paper examines perceptions of lower-class female prostitutes in eighteenth-century London. This study challenges the prevailing argument that these perceptions fundamentally changed from ‘lusty whores’ to victims of poverty. An examination of Bridewell records, sermons, pamphlets, and the newspaper press, reveals that commentators believed that lust, poverty, and greed collectively explained what drove women to prostitution. Commentators recognized that, unable to make ends meet, many women turned to prostitution to survive, while also suggesting that others turned to prostitution because they believed they could gain considerable wealth by doing so. These same commentators asserted that some women were unusually lustful and that only prostitution would satisfy their insatiable desires. The simultaneous depiction of prostitutes in contradictory ways suggests that prostitution was not offensive to Georgian Britons solely because it involved women exchanging sexual favours for money, but because prostitution transgressed Britons’ deepest sensibilities about morality.     

当前卖淫嫖娼屡禁不止的原因及对策

随着社会主义市场经济的快速发展，许多人的思想观念受市场经济消极因素和西方资本主义腐朽思想及生活方式的影响进一步加深，卖淫嫖娼行为逐年增多，已经成为一种广泛的社会丑恶现象，严重影响到当前社会治安秩序的和谐稳定，引发一系列的问题，其危害性不可低估。政府和公安机关要加大对卖淫嫖娼行为的查处打击力度，研究如何才能减少滋生卖淫嫖娼的各种因素，加强预防和正面宣传，有针对性的开展治理，净化社会环境，维护社会和谐稳定。     

Client participation in paid sex markets under alternative regulatory regimes

To help inform the design and review of alternative public regulatory policies towards paid adult sex markets, this study uses economic reasoning to explore the nature of client participation. This is a timely focus given the increasing consideration and movement towards a greater role for demand-side policies and regulation that has emerged in some countries to complement, or, in some cases, even replace elements of supply-side regulation and policy. The analysis is based upon a time allocation model that characterises the nature and balance of incentives facing clients under various public regulatory regimes. The regimes considered range from the status quo in England, Wales and Scotland, to varying levels of state involvement or direction, featuring, inter alia, supplier registration, public health inspections and locational restrictions. All of these are shown to affect in various ways the extent to which risk, income and other factors can influence the pattern and intensity of leisure time usage, which is a key requirement for client participation in paid sex markets.     

The sex industry,human trafficking and the global prohibition regime: a cautionary tale from Greece

Using the concept of global prohibition regimes as an analytical point of departure, this article interrogates the development and results of the agitation campaign that relayed the new global prohibition regime against trafficking for sexual exploitation in Greece after 1995. In line with the international trend towards the issue of trafficking in the 1990s, the Greek campaign has been successful in shaping perceptions of the change in the Greek sex industry on the basis of an equation of prostitution, trafficking and transnational organized crime, and it also successfully capitalized on transnational supports to induce changes in legislation and public policy. However, a critical examination of the Greek situation suggests that there is a considerable discrepancy between the above conceptualisation and the knowledge of the issue emerging from the activities of criminal justice agencies. The examination of the general conditions of economic exploitation and social marginalization of migrants in Greece in the 1990s and after reveals significant homologies between the social organization of the sex industry and other sectors of the economy that have depended on migrant labour. This result underscores the nature of the idea of organized crime as an ideological construct acting as a diversion from more substantive paths of inquiry into the structures of national economy that bear upon the exploitation of sexual labour.