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目前,网络淫秽色情活动虽然受到了遏制与打击,但是新的违法犯罪方法不断出现,传播渠道越来越复杂。由于法律法规、司法解释对淫秽信息的表现形式和载体的定义不明确,对淫秽信息的点击量、网站注册会员数量规定得不明确等等,导致现实中对网络淫秽色情网站的打击效果不太理想。笔者试图就如何在现有条件下加大打击处理的力度,并对其中发现的法律难点问题加以论述,为打击网络淫秽色情活动的立法提供参考。
At present, the online obscene and pornographic activities have been checked and cracked down. However, new methods of committing crimes and crimes continue to emerge, and the channels of communication are becoming more and more complicated. Due to laws and regulations, judicial interpretation of the manifestations of obscene information and carrier definition is not clear, the hits on obscene information, the number of registered members of the site is not clear, and so on, resulting in the actual attack on the network of pornographic sites is not too effective ideal. The author tries to discuss how to deal with the crackdown under the existing conditions, and discusses the legal difficulties that are found therein, so as to provide references for cracking down legislation on online pornographic activities.