Wearing the guise of a second-hand platform, actually providing "door-to-door service"? Idle Fish Gray Trading Caught Out

Tech 2023-05-16 13:05:47 Source: Network

Xianyu is currently the largest online second-hand trading platform in China,The products sold are diverse, ranging from home appliances to clothing, shoes, and accessories. Everything you don't need can be sold on this platform

Xianyu is currently the largest online second-hand trading platform in China,The products sold are diverse, ranging from home appliances to clothing, shoes, and accessories. Everything you don't need can be sold on this platform.

1 Grey trading on idle fish

With the increase of registered users of Xianyu, the functions launched are also increasing, and many people engage in some gray transactions through this platform.

Most of the idle fish are private sellers, and there is generally no standard for second-hand items,Therefore, it is difficult for Xianyu officials to regulate the products on the shelves, and generally it is subject to the agreement between the parties involved.

A few years ago, Xianyu was exposed for selling "authentic" silk stockings, underwear, and other "authentic" personal clothing,The official Xianyu has issued a large-scale ban on this matter,Now it has been exposed that there are chatting services that can provide special services in the leisure fish play business,And offline door-to-door service can be provided.

Offline door-to-door services have always been unacceptable to all online network platforms, and the detachment of offline transactions from regulation can bring certain risks.

And this type of offline service is often not a healthy way to chat and play with others. In this type of chat, there are often recommendations for items such as erotic underwear,So this type of offline door-to-door service is often engaged in physical transactions, which is an illegal act of prostitution,They use network software to engage in "pimping", which constitutes a serious provocation to China's laws and regulations.

At present, the official Xianyu has noticed this related search anomaly,And accounts suspected of violating the ban were banned and punished.

Prostitution and prostitution have always been a major punishment in China's crackdown on "pimping" through online software. Prostitution and prostitution should be vigorously investigated and punished in accordance with the law, and a healthy and green second-hand trading platform should be established.

2 Interpreting the law by case

Does prostitution constitute a crime?

Prostitution and prostitution belong to administrative penalties and are not criminal acts stipulated in China's Criminal Law. According to Article 66 of the Law of the People's Republic of China on Administrative Penalties for Public Security,

Prostitution or prostitution shall be detained for not less than 10 days but not more than 15 days, and may also be fined not more than 5000 yuan; If the circumstances are minor, the offender shall be detained for not more than five days or fined not more than 500 yuan. Whoever solicits customers for prostitution in public places shall be detained for not more than five days or fined not more than 500 yuan.

Do these people who organize prostitution constitute a crime? Under what circumstances does prostitution constitute a crime?

According to Article 358 of the Criminal Law of China,

The crime of organizing prostitution refers to the act of gathering and controlling multiple people to engage in prostitution. Those who commit 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; Those who organize others to engage in prostitution, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined or have their property confiscated; If the circumstances are particularly serious, they shall be sentenced to life imprisonment and confiscation of property.
If the parties involved organize or control multiple people to engage in prostitution, and constitute the crime of organizing prostitution, and generally organize more than 10 people to engage in prostitution, organize domestic and overseas prostitution, cause prostitution personnel to commit suicide, and the involved amount reaches more than 1 million yuan, if the circumstances are serious, they can be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and also be fined and confiscation of property.

If a person who engages in prostitution knowingly suffers from serious diseases such as syphilis and gonorrhea,May constitute the crime of spreading sexually transmitted diseases. According to Article 360 of the Criminal Law of China,

The crime of spreading sexually transmitted diseases refers to the act of knowingly engaging in prostitution or prostitution with serious sexually transmitted diseases such as syphilis and gonorrhea. Those who commit this crime shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance, and shall also be fined.

If prostitutes call other people to engage in sexual activity together, it may constitute the crime of gathering people to commit promiscuity,According to Article 301 of the Criminal Law of China:

The crime of gathering people for sexual activity refers to the act of gathering people to engage in collective sexual activities. Generally, if three or more people act together, the ringleaders and participants shall be sentenced to fixed-term imprisonment of not more than five years.

If a child under the age of 14 engages in prostitution, it constitutes rape,According to Article 236 of the Criminal Law of China,

Whoever rapes a young girl under the age of fourteen shall be considered as rape and shall be given a heavier punishment, with imprisonment of not less than ten years, life imprisonment, or death penalty.

#Lawyer to help#

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