Li Yinhe talks about sex

Chapter 21 Obscenity and Civil Rights
Different from the long-term debate in Western countries on the issue of liberalization and prohibition of pornography, the law of prohibition of pornography has never been "controversial" in China, and is considered to be the most "popular".

According to reports, after a police station in Yan'an, Shaanxi received a call from the masses, they entered a resident Zhang's house to search for "porcelain discs".In the past few years, there was a case where citizens were arrested and sentenced for watching pornography at home in a certain place.

Different from the long-term debate in Western countries on the issue of liberalization and prohibition of pornography, the law of prohibition of pornography has never been "controversial" in China, and is considered to be the most "popular".If it is said that the restriction of power on people is unavoidably weak-hearted and short-sighted on other issues, it has always been justified on the issue of prohibiting the destruction of obscene materials.It has never occurred to people that there are any problems (unconstitutional issues) with the prohibition of obscenity, and there is something worth arguing about.

The current "Criminal Law" of our country on the manufacture, sale and dissemination of obscene articles contradicts with the "Constitution" on the freedom of the press.This situation is similar to that faced by Western anti-obscenity and freedom of speech groups.The main criticism of the free-speech faction against pornography is that they violate the Constitution's freedom of speech provisions.Since the "Constitution" grants citizens the right to freedom of the press and freedom of speech, this right of freedom should be truly protected. If there is a contradiction between the "Constitution" and the "Criminal Law", either the "Criminal Law" or the "Constitution" should be amended. ".If it is not modified, it is inevitable that there will be deviations in execution.

For thousands of years, the Chinese have been accustomed to the rule of men, not to the rule of law. On the issue of whether the law governs people or people govern the law, they have always been accustomed to people governing the law, not used to the law governing people.Therefore, in many people's minds, legal provisions can be ignored, and in fact they are often ignored.The sad status of Chinese law is reflected in a citizen who was sentenced for watching obscene videos at home, that is, he never thought of using the Constitution to protect his rights.He didn't know that according to the provisions of the "Constitution", he had the right to do this, and he didn't believe that he could really protect himself from being convicted of violations of the Constitution by citing the provisions of the "Constitution".This is the embarrassing situation that China's "Constitution" faces when it comes to pornography.

There are many things in this world that are disgusting, such as watching pornography (pornography).This kind of thing is not decent, and the level is low, and it is despised by people with higher tastes.But disgust cannot be a basis for law.Taste and morality are not matters of the law.There are those who wish to live high taste, listen to high music, look at high pictures, and read good books, and of course they have the right to do so; Obscene books, and they have every right to do so.Freedom is the freedom to choose.People have the right to choose elegance, but also have the right to choose obscenity.There is no freedom if people are not given the right to choose.

In fact, if you come to a small town in China, pornography can be seen everywhere, and obscene books and videos can be found everywhere.This proves two things: first, that there are many people who choose an unrefined, undignified life.Second, the criminal law prohibiting the production and dissemination of obscene materials has not been implemented there.However, the proliferation of obscenities does not prove that the provisions of the Constitution on freedom of the press have played a role, because whenever the "sweeping pornography" comes, these obscenities still have to be hidden, and they will be secretly placed on the counter after the wind dies sell below.The Chinese don't know that they can buy an obscene magazine or an obscene videotape in a bookstore just like Danish citizens according to the provisions of the "Constitution".

(End of this chapter)