Why is it difficult to characterize obscene cases as criminal cases?

Legal subjectivity:

The nature of a criminal case should be a constitutive element of a crime. Criminal cases refer to cases in which criminal suspects and defendants are accused of violating social relations protected by criminal law, and the state conducts investigation, trial and criminal sanctions in order to investigate the criminal responsibility of criminal suspects and defendants. The characteristics of criminal cases are: 1, and the external manifestation is direct infringement; 2. Most cases have obvious crime scenes; 3. The causality of the case is complex and diverse; 4. The formation of the case is staged and sudden. The elements of general criminal cases are: 1, subjective elements; 2. objective factors; 3. Main elements; 4. Object elements.

Legal objectivity:

Article 16 of the Criminal Procedure Law shall not be investigated for criminal responsibility under any of the following circumstances. If the investigation has been concluded, the case shall be dismissed, or no prosecution shall be instituted, or the trial shall be terminated, or the case shall be declared innocent: (1) If the circumstances are obviously minor and the harm is not great, it shall not be considered as a crime; (two) the crime has passed the limitation period; (3) Being exempted from punishment by an amnesty order; (4) Failing to tell or withdrawing a crime that should be dealt with only after being told according to the Criminal Law; (5) The criminal suspect or defendant dies; (six) other laws and regulations shall be exempted from criminal responsibility.