Lawyer’s Analysis To identify pornographic cases, it is necessary to analyze from the following four aspects: (1) Object Requirements The object of this crime is the social security management order. The crime of luring, harboring, and introducing prostitution has contributed to the proliferation of prostitution and whoring activities and has serious social harm. The object of this crime is "others", which mainly refers to women, but also men. "Others" can be one person or multiple people. The number of people introduced and the number of people introduced do not affect the composition of this crime. (2) Objective elements: The objective aspect of this crime is the act of inducing, harboring, and introducing others to prostitution. Lure refers to the act of soliciting, luring, persuading, encouraging, tempting, and instigating others to engage in prostitution using money, material or non-material benefits as bait or other means. The act of fostering refers to the act of providing a place or other convenient conditions for others to engage in prostitution. Providing a place refers to the act of the perpetrator arranging a place or other designated place specifically for the prostitution of others. For example, in the perpetrator's usual place of residence, in a temporarily rented house, or in a house fraudulently borrowed from relatives and friends, as well as other places and places. It is important to note that the venue is not limited to houses, but other means of transportation, such as cars, boats, etc., can also be used as venues. Providing other convenient conditions refers to the actor providing necessary items, utensils and other conditions for others to engage in prostitution, such as providing prostitution for others. Whether the perpetrator's accommodation behavior was voluntary or carried out at the request of the prostitute or her client does not affect the establishment of this crime; the length of the detention time and whether there is any profit-making behavior do not matter. Introduction, refers to the act of matchmaking and collusion between prostitutes and their clients to enable other people's prostitution to be realized, commonly known as "pimping". In practice, the introduction method is mostly a two-way introduction, such as introducing the prostitute to the client, or bringing the client to the prostitute's residence for a face-to-face introduction. However, one-way introduction is not excluded, such as simply providing information to the prostitute, so that the prostitute can Hook up with a prostitute. (3) Subject Requirements The subject of this crime is a general subject, that is, any natural person who has reached the age of criminal responsibility and has the ability to commit criminal responsibility commits the act of luring, harboring, or introducing others to prostitution can constitute this crime. (4) Subjective elements The subjective aspect of this crime is intentionality. That is to say, the perpetrator knows that what he is committing is the act of luring, harboring, or introducing others to prostitution, and he knows that this behavior will have consequences that are harmful to society, and he hopes or pursues the occurrence of such results.
The law is based on Article 358 of the "Criminal Law of the People's Republic of China". Whoever organizes and 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; if the circumstances are serious, he shall be sentenced to ten years. The above sentence shall be life imprisonment, and shall also be punished with a fine or confiscation of property. Anyone who organizes or forces minors into prostitution shall be severely punished in accordance with the provisions of the preceding paragraph.