Legal analysis
Be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and be fined; Under any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. Objectively, the perpetrator organized, planned and directed others to engage in prostitution. Organization refers to the act of initiating and establishing prostitution groups or dens, centrally controlling scattered prostitution, and playing an organizational role in it. For example, scattered prostitutes are combined in series into a relatively fixed prostitution group, and organizations such as cafes, dance halls, restaurants, hotels and taxis are turned into places for prostitution or disguised prostitution. , are relatively common organization prostitution. Planning refers to the act of planning and making plans for organizing prostitution. For example, make plans to organize prostitution groups, draw up specific plans, find prostitutes, choose time and place for establishing prostitution dens, and design camouflage places. Planning behavior is an important staff decision-making behavior of organized crime, which plays an important role in completing specific crimes, so it is an important generalized organizational behavior. Command means that the actor plays a leading and commanding role in organizing others' prostitution activities, such as actually directing, instigating and scheduling the specific implementation of prostitution activities. Command is the act of directly implementing the planning scheme and the organizer's intention, which often plays a direct and decisive role in organizing prostitution. The above three acts of organizing, planning and directing are all organized prostitution, which is obviously organized. As long as the perpetrator has one or more of them, it can be considered as organizing prostitution. After the administrative counterpart is detained, before the decision on the punishment of detention education comes out, strive for the administrative law enforcement organs not to make a decision on detention education. For example, it is proved to law enforcement agencies that the administrative counterpart suffers from acute infectious diseases other than sexually transmitted diseases, is pregnant or breast-feeding his own baby under one year old, is trafficked, forced into prostitution, or is under fourteen years old. , may not be qualified for entrance education. When the public security organs impose administrative detention on prostitutes, they should inform their families so as not to worry about them. Of course, if a prostitute refuses to accept the relevant administrative punishment, she can file an administrative reconsideration and an administrative lawsuit.
legal ground
Article 66 of the People's Republic of China (PRC) Public Security Administration Punishment Law shall be detained for more than 10 days and less than 15 days, and may be fined not more than 5,000 yuan; If the circumstances are minor, they shall be detained for not more than five days or fined not more than five hundred yuan. Whoever solicits prostitutes in public places shall be detained for not more than five days or fined not more than 500 yuan.