A Study On the Criminal Legislation of Child Pornography On-line

• Main Authors: Yun-ju Chen, 陳韻如
• Other Authors: Jau-yih Huang
• Format: Others
• Language: zh-TW
• Published: 2010
• Online Access: http://ndltd.ncl.edu.tw/handle/50888347247221671390

碩士 === 東吳大學 === 法律學系 === 98 === Child pornography - sexual exploitation to children and teenagers , is defined as serious criminal offenses in current society. However, due to the development of internet , child pornography has been spread wildly on internet. This research will discuss the criminal offenses of child pornography on internet, especially focus on the subjects in below : objects of child pornography , requirements to cause crime in child pornography , behavior standards and if virtual child pornography cause crime. This research discusses the issues in below : the definition, behaviors and object areas of child pornography. Further more, due to the development of technology, people who create, spread, browse, and posses child pornography can be considered as the punishment objects of criminal offenses or not ? Cause there is few discussion in theory and practical examples in Taiwan , this research uses comparative method--to compare USA & Japan ‘s regulations and base on it to define the definition, areas and judgment standards of child pornography.Finally base on the conclusion to recheck the criminal offenses in Taiwan. This research discusses the issues in below : 1. The definition, areas, judgment standards of child pornography and obsceneness. 2. The dispute of child pornography. 3. If the criminal law in Taiwan covers and explains the child pornography properly. 4. The discussion of real child pornography cases. Through the studies of above issues, this research hopes to achieve the goals in below : 1. Define and check the appropriate and necessary of criminal offenses , ensure the clear principals of laws. 2. Worldwide agreement to punish child pornography on internet and protect minority. 3. Protect legal activities and freedom of speech on internet.