Legal analysis
From the point of view of criminal law, the act of "spreading obscene books, periodicals, films, audio-visual, pictures or other obscene articles" stipulated in Article 364 "Spreading obscene information" needs to meet the standard of "serious circumstances" before it can be treated as a crime, and it also needs to meet the characteristics of "spreading", but sightseeing does not constitute "spreading".
The judicial interpretation issued by the Supreme Court explains this in detail. The first is "for profit". See relevant regulations for details. Need to reach a certain number of clicks and visits, and there are also considerable requirements for quantity.
On the basis of the relevant provisions of "for-profit", the spread of "for-profit" needs to reach a more serious level, generally two to three times the number of people. For details, please refer to the relevant literature, which will not be repeated here.
Crucially, all the punishments in the Law of People's Republic of China (PRC) on Public Security Administration Punishment are based on the behavior of "making, transporting, copying, selling and renting", but sightseeing does not constitute a violation of relevant laws. In essence, China's constitution guarantees citizens' freedom of behavior to a certain extent, and there are no strict restrictions.
legal ground
Article 364 of the Criminal Law of People's Republic of China (PRC) disseminates obscene books, periodicals, movies, audio-visual, pictures or other obscene articles, and if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance. Whoever organizes the broadcast of obscene movies, videos and other audio-visual products shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined. Whoever makes or copies obscene movies, videos and other audio-visual products for broadcasting shall be given a heavier punishment in accordance with the provisions of the second paragraph. Whoever disseminates obscene articles to minors under the age of 18 shall be given a heavier punishment.
Article 68 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment, whoever makes, transports, copies, sells or rents obscene books, periodicals, pictures, films, audio-visual products and other obscene articles or uses computer information networks, telephones and other communication tools to disseminate obscene information, shall be detained for more than 10 days and less than 15 days, and may also be fined less than 3,000 yuan; If the circumstances are minor, they shall be detained for not more than five days or fined not more than five hundred yuan.
Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Making, Copying, Publishing, Selling and Disseminating Obscene Electronic Information by Using Internet, Mobile Communication Terminals and Voice Stations Article 1 Whoever makes, copies, publishes, sells and disseminates obscene electronic information by using Internet and mobile communication terminals for profit shall be punished in accordance with the provisions of the first paragraph of Article 363 of the Criminal Law.
(1) Producing, copying, publishing, selling or disseminating more than 20 video files such as obscene movies, performances and animations;
(2) Making, copying, publishing, selling or disseminating more than 0/00 obscene audio files;