Xianyu is currently the largest online second-hand trading platform in China, selling a variety of things, from home appliances to clothing and shoes, all things that you can't use can be sold on this platform.
First, the gray trade on idle fish
With the increase in registered users of Xianyu, the features launched have also increased, and many people have made some gray transactions through this platform.
Most of the Xianyu are private sellers, and second-hand items generally do not have the standard of items, so it is difficult for Xianyu officials to control the goods on the shelves, and it is generally subject to the agreement of the parties.
A few years ago, Xianyu was exposed to selling "original" stockings, underwear and other "original" intimate clothing, and Xianyu officials banned a large number of them, and now it has been exposed that the idle fish play business can provide special services to accompany chats, and can carry out offline door-to-door services.
Offline door-to-door service has always been unacceptable to all online online platforms, and offline transactions out of supervision will bring certain dangers.
And this kind of offline service is often not a healthy chat and play, under this kind of chat often have some erotic underwear and other terms recommended, so this kind of offline door-to-door service is often engaged in carnal transactions, belongs to prostitution and prostitution illegal acts, they use network software to "pimp", such behavior is a serious provocation to mainland laws and regulations.
At present, Xianyu officials have noticed this related search anomaly, and have banned and punished accounts suspected of being prohibited.
Prostitution has always been a punishment that the mainland has vigorously cracked down, and such "pimping" through network software. Prostitution and other acts shall be vigorously investigated and dealt with in accordance with law, and a healthy and green second-hand trading platform shall be established.
2. Interpret the law by case
Is prostitution a crime?
Prostitution is an administrative punishment and is not a crime under the Criminal Law of the mainland. According to Article 66 of the Law of the People's Republic of China on Administrative Punishments for Public Security,
Whoever engages in prostitution or procuring shall be detained for not less than 10 days but not more than 15 days, and may also be fined not more than 5,000 yuan; where the circumstances are minor, they shall be detained for not more than five days or fined not more than 500 yuan. Whoever solicits solicits solicitation of prostitutes in a public place shall be detained for up to five days or fined not more than 500 yuan.
Is it a crime for those who organize prostitution? Under what circumstances does prostitution constitute an offence?
According to Article 358 of the Criminal Law of the mainland,
The crime of organizing prostitution refers to the act of gathering and controlling multiple people to engage in prostitution. Whoever commits this crime shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined; Where the circumstances are serious, the person who organizes the prostitution of others shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or have his property confiscated; If the circumstances are particularly serious, they shall be sentenced to life imprisonment and confiscation of property.
If the parties involved have organized or controlled multiple people to engage in prostitution, and constitute the crime of organizing prostitution, generally organizing more than 10 people to engage in prostitution, organizing prostitution at home and abroad, causing the prostitutes to commit suicide, and involving more than 1 million yuan, the circumstances constitute serious circumstances and may be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and a fine and confiscation of property.
If a person who prostitutes knowingly has a serious disease such as syphilis and gonorrhea, it may constitute the crime of transmitting venereal diseases. According to Article 360 of the Criminal Law of the Mainland,
The crime of transmitting venereal diseases refers to the act of prostitution or prostitution that knows that one has serious venereal diseases such as syphilis and gonorrhea, and the person who commits this crime shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or surveillance, and a fine.
If a prostitute calls others to engage in sexual acts together, it may constitute the crime of gathering a crowd for fornication, according to Article 301 of the Criminal Law of the mainland:
The crime of gathering a crowd to commit sexual immorality refers to the act of gathering a crowd to engage in collective fornication activities. Generally, if three or more people gather together, the principal element and the participants are sentenced to fixed-term imprisonment of not more than five years.
If a child under the age of 14 is prostituted, it constitutes the crime of rape, according to Article 236 of the Criminal Law of the mainland,
Whoever rapes a young girl under the age of 14 shall be punished as rape and shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or the death penalty.
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