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Zhu X had sex with a foreign woman and was seized by the police, and Zhu X court complained to the court that this was a "one-night stand" and not a prostitute

author:Shanxi real-time information

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(Shanxi real-time information. Case) Zhu had sex with a foreign woman in a room and paid the woman 1500 yuan, which was later seized by the police of a district public security sub-bureau. A district public security sub-bureau found that Zhu constituted an illegal act of prostitution and gave him a punishment of 14 days of administrative detention. However, Zhu believed that his sexual relationship with a foreign woman was a "one-night stand" rather than a prostitute, and the punishment decision made by a district public security sub-bureau found that the facts were wrong, so he filed an administrative lawsuit and requested the court to revoke the "Public Security Administrative Punishment Decision" made by a district public security sub-bureau in accordance with the law.

Is it a "one-night stand" or a prostitute? In this case, the parties did not have much dispute about the facts of the case itself, and the focus of the dispute was the understanding of "prostitution". The Public Security Sub-Bureau believes that Zhu's behavior conforms to the characteristics of sexual relations between unspecified heterosexuals using money as a medium, and is an illegal act of prostitution. Zhu believes that the profession of a foreign woman is translation, not professional prostitute, so it is not "prostitution", and the two parties have a certain emotional basis, which belongs to the "one-night stand" of love at first sight, not a simple sex transaction, and he is also ready to have a long-term relationship with him.

The Public Security Sub-Bureau's determination is based on the Supreme People's Court's Reply on How to Apply Article 30 of the Regulations on Administrative Penalties for Public Security Administration, which states that "prostitution generally refers to the act of providing sexual services to the other party through monetary transactions between the opposite sex to satisfy the sexual desires of the other party". However, from the perspective of public common sense, if Zhu mou is having sex with a professional prostitute, the public will generally think that this is an act of prostitution, and in this case, Zhu is not in a relationship with a professional prostitute, and the two sides have a certain emotional basis, and many people have different opinions on whether this is a prostitution behavior. In the present case, the court finally upheld the claim of the Public Security Sub-Bureau.

In the end, Zhu did not refute the claims of the Public Security Bureau, nor did he convince the judge, perhaps because Zhu's argument was not effective, or perhaps there was no such strong demand in current social life. The law is not what you think, and it is not easy to persuade the judge to agree with your understanding, and more often than not, we should generally predict the judge's understanding of the law, rather than trying to change the judge. However, efforts to change judges' understanding of the law are also possible, where appropriate conditions apply. In the future, with the change of people's concept of sex, perhaps the judge will approve of Zhu's claim, at that time, if someone makes an effort similar to Zhu, it is possible to persuade the judge.

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