Notice concerning Earnestly Interpreting the Supreme People’s Court and Supreme People’s Procuratorate “Regulations concerning Concrete Applicable Law in Adjudicating Criminal Cases on Obscene Goods”
27 July 1990, Administration of Press and Publications
The “Regulations concerning Concrete Applicable Law in Adjudicating Criminal Cases on Obscene Goods” promulgated and implemented on 6 July 1990 by the Supreme People’s Court and Supreme People’s Procuratorate (hereafter simply named “Regulations”) are an extremely important judicial interpretation aimed at legal problems encountered during “sweeping pornography”, and have had a vigorous and profound influenced on correctly and forcefully attacking criminal activities of producing, peddling, disseminating and smuggling obscene goods, consolidating the achievements of “sweeping pornography”, further promoting the deep development of the “sweeping pornography” struggle, and strengthening the constant management of the book, newspaper, periodical and audiovisual markets. All localities and all departments must earnestly implement these provisions, fully give rein to the might of the law, and unwaveringly carry on the “sweeping pornography” struggle.
Under the leadership of the Party Centre and the State Council, the “sweeping pornography” struggle that has been launched since July last year has gained great achievements, criminal activities of producing pornography and peddling pornography have been strictly attacked, the situation on the book, newspaper, periodical and audiovisual markets have clearly improved, and the tendency of the grave flood of obscene and sexual publications has been basically stopped, winning strong popular support. But since March of this year, a clear “resurgence” of criminal activities of producing pornography and peddling pornography has emerged. The broad masses are extremely anxious about this, and require the adoption of further measures to investigate, prosecute and attack this.
One important reason for the “resurgence” of criminal activities of producing pornography or peddling pornography is that attacks against criminals producing pornography or peddling pornography have not been powerful, this, in turn, is related to the fact that laws are insufficiently perfect. Since launching the “sweeping pornography” struggle, the phenomena of “replacing punishment with fines, and punishing grave crimes leniently” exist to different degrees in all localities in the investigation and prosecution of cases of producing, peddling, disseminating or smuggling obscene publications, because of the problem that relevant criminal legislation is not suited to the present struggle in some places, resulting in some criminals lucking through the gate. The “Regulations” promulgated by the “Two Supremes” have provided an important legal weapon for the protracted launching of the “sweeping pornography” struggle. These Regulations have, targeting new situations and new problems emerging in “sweeping pornography”, provided a “starting point” of using Article 170 of the Criminal Law, clearly distinguishing the boundary between crime and non-crime, and have resolved the problem of “replacing punishment with fines”; they have provided concrete standards for using the crime of speculation and profiteering to strictly punish criminal acts of producing, peddling, disseminating or smuggling obscene goods, clearly distinguishing the boundary between crime and non-crime, and resolving problems such as “grave crimes being punished leniently” and other weaknesses in attack; they have also provided that, where obscene goods are used to conduct hooligan criminal activities and regular dissemination of obscene goods to society, with grave harm, are to be punished under the crime of hooliganism, as well as that where work units smuggle, produce or peddle obscene goods, constituting a crime, “criminal liability of the directly responsible controlling personnel and other directly responsible persons is investigated for the crime of speculation and profiteering”. These regulations have made it more convenient for us to attack criminals more stably, accurately and ruthlessly. All localities and relevant departments must give high regard to studying, implementing and executing these “Regulations”. In order to do so, all provincial, autonomous region and municipal relevant departments are required to:
(1) Earnestly study and broadly propagate the “Regulations”. Especially public security, procuratorate, judicial, press and publications, culture, radio, film and television, industry and commerce, customs and other departments must organize the broad cadres to study the “Regulations”, grasp their basic content and basic spirit, closely integrate them with the struggles to “strike hard” and eradicate the “six evils” that are being conducted at present, and earnestly implement them.
(2) Relevant departments must conduct a one-time earnest clean-up and inspection of relevant cases that have already been fined. Criminals that should have been strictly punished, but that have only been fined or subject to administrative punishment, where the person in question has not expressed repentance and reform, but continues to engage in illegal publishing activities, or criminals of which the masses believe that punishment has been overly lenient and react strongly, after administrative punishment is imposed, it must be rapidly put forward to judicial organs to strictly deal with them according to the “Regulations”. Cases that have been filed but not yet decided, shall be compared with the “Regulations” of the “Two Supremes”, and on all cases constituting a crime, links must be vigorously established with public security and judicial organs, and propose criminal liability to be prosecuted according to the law.
(3) The “sweeping pornography” struggle must be closely integrated with attacking illegal publishing activities, dig deep for publishing, peddling, dissemination or smuggling of obscene goods or criminals engaging in illegal publishing activities and timely hand them over to public security or judicial organs for strict punishment according to the law. Criminal activities of illegal publication must be tracked down by following clues, and not only publishers must be punished strictly, printers must also be punished strictly, and the main criminals must be strictly punished without mercy.
Where work units have already conducted rectification in the past, and they publish banned publication again, punishment must be strict, including cancellation of the work unit and prosecution of the legal responsibility of the leaders and relevant responsible persons according to the law.
(4) Public opinion propaganda and social supervision must be strengthened, and the forces of all areas of society must be mobilized to surround and annihilate production of pornography, peddling of pornography and illegal publishing activities. Some model cases must be selected and openly reported, in order to terrify criminals and raise the ideological understanding of the broad masses.