Legal subjectivity:

Object elements This crime infringes upon complex objects, namely the country’s foreign trade management system and social management order. The object of this crime is obscene materials. The so-called obscene materials refer to obscene books, periodicals, films, videotapes, audio tapes, pictures and other obscene materials that specifically depict sexual acts or explicitly promote pornography. Scientific works on human physiology and medical knowledge are not obscene materials, and literary and artistic works with artistic value containing pornographic content are not considered obscene materials. The "Interim Provisions on the Identification of Obscene and Pornographic Publications" promulgated and implemented by the Press and Publication Administration in December 1988 proposed a relatively specific identification standard for obscene publications, that is, they promote obscene behavior as a whole and have one of the following seven types of content: 1. Publications that stimulate people’s sexual desire, enough to lead to the corruption of ordinary people, but have no artistic or scientific value, are obscene publications: 1. Obscenely detailed descriptions of sexual behavior, sexual intercourse and psychological feelings; 2. Publicly promote pornographic and lewd images; 3. Obscene descriptions or teaching of sexual skills; 4. Detailed descriptions of the means, processes or details of incest, rape or other sexual crimes that are sufficient to induce crimes; 5. Detailed descriptions of the sexual behavior of teenagers and children ; 6. Obscenity specifically describes homosexual sexual behavior or other sexual perversions, or specifically describes violence, abuse, and humiliation related to sexual perversion. 7. Other obscene descriptions of sexual behavior that ordinary people cannot tolerate. According to the above-mentioned definition and identification standards of "obscene materials", obscene materials are divided into the following categories: 1. Obscene audio and video products, such as film, television films, video tapes, slides, laser discs or obscene audio tapes, records, laser discs, etc.; 2. Obscene reading materials, such as original overseas obscene books, periodicals and pictorials, foreign, Hong Kong, Macao and Taiwan obscene pornographic novels published by domestic publishers, Hong Kong, Macao and Taiwan obscene pamphlets reprinted and produced by domestic criminals, and reprinted ancient Chinese obscene books and obscene manuscripts; obscene propaganda 3. Obscene pictures, such as pictures of naked men and women, or pictures of men and women having sex, or perverted sexual behaviors; 4. Obscene objects, that is, the objects themselves are obscene objects, not objects with pictures printed on them; 5. Obscene drugs, see The "Notice on Strictly Prohibiting the Prohibition of Pornographic Drugs" jointly issued by the Ministry of Health, the Ministry of Public Security, and the General Administration of Customs has the Appendix "List of Pornographic Drugs"; 6. Obscene game software, which uses computers and game consoles as demonstration and communication media; 7 , other obscene materials. In judicial practice, certain judicial procedures can also be used to determine whether it is difficult to determine whether pornographic materials are obscene. In this regard, the "Minutes of the Symposium on Investigating and Handling Illegal Publishing Criminal Activities in accordance with the Law" jointly promulgated by the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Press and Publication Administration, the Ministry of Film and Television, and the State Administration for Industry and Commerce in December 1987 clearly stated: "With regard to obscenity Regarding the identification of items, the comrades at the meeting unanimously agreed that when identifying obscene publications, the judicial authorities should entrust the local provincial, autonomous region, and municipality publishing authorities to organize more than three people with professional knowledge and certain political literacy to identify obscene publications. A person designated by the publishing department and hired by the judicial authority shall conduct an appraisal and write an appraisal report; the appraiser and the unit that assigned the appraisal shall sign or stamp the appraisal report, and the appraisal report shall specifically state the basis for the appraisal conclusion. ...". Objective elements: This crime objectively manifests itself as the act of violating customs regulations, evading customs supervision and smuggling obscene films, video tapes, audio tapes, pictures, books and periodicals or other obscene materials. The so-called violation of customs regulations mainly refers to violations of the Customs Law and other national regulations prohibiting the import and export of obscene articles, such as the 1982 "Regulations on the Strict Prohibition of Obscene Articles" by the Central Committee of the Communist Party of China and the State Council and the General Administration of Customs. "Implementing Measures for Prohibiting the Import and Export of Obscene Materials" and other regulations. The so-called evasion of customs supervision refers to the use of various improper methods to avoid customs supervision, management and inspection of obscene materials transported, carried or mailed. Some take the form of bypassing the customs or border inspection stations, and illegally carry and transport obscene materials in and out of the country (border); some just go through the customs, but try to hide, disguise, and fail to declare truthfully, etc. They deceive customs inspectors and get through customs; others try to evade customs supervision by mailing them through sea, land, air and other transportation lines. If the perpetrator does not evade customs supervision, even if he violates customs regulations and carries out illegal transportation, carrying, and mailing of obscene materials into and out of the country (border), this crime will not constitute this crime.

If the perpetrator truthfully declares the items he is carrying. This crime should not be punished. In addition, for those who directly purchase obscene materials from criminals who smuggle obscene materials; or purchase, sell, and transport obscene materials in territorial waters and inland seas; and those who conspire with criminals who smuggle obscene materials and provide them with loans, funds, accounts, and invoices , certification, or providing transportation, storage, mailing or other convenient conditions for it shall also be punished with the crime of smuggling obscene materials. Subject Elements The subject elements of this crime are general subjects. Any natural person who has reached the age of criminal responsibility and has criminal responsibility can commit a crime. According to the provisions of paragraph 2 of this article, an organization can also become the subject of this crime. Subjective elements: This crime is an intentional crime, and must be for the purpose of profit or dissemination. The so-called purpose of profit-making means that the perpetrator smuggles obscene materials in order to sell, rent, show or obtain money or other illegal benefits through other means; the so-called purpose of dissemination means that the perpetrator smuggles obscene materials not only for personal use. It is intended to spread in society. Whether the perpetrator's purpose of profit making or dissemination is realized does not affect the conviction of this crime. However, if the perpetrator does not have the purpose of profit making or dissemination, but for personal use, smuggles a small amount of obscene materials into and out of the country, even if he smuggles obscene materials intentionally, he will still be guilty of the crime. does not constitute this crime. If the perpetrator transports, carries, or mails the obscene materials into or out of the country without knowing that they are obscene materials, since he does not have the intention to smuggle the obscene materials, he cannot be considered to have committed this crime. If a person carries or smuggles a small amount of obscene materials into the country for his own use, as a gift to a friend, or to be entrusted by others to buy on behalf of others, it is generally not suitable to be considered a crime because there is no purpose of profit or dissemination, but it is a general illegal act of smuggling obscene materials. In trial practice, the quantity of obscene materials is not only the main criterion for determining whether the smuggling behavior reaches a criminal level, but also a sign of whether the perpetrator has the purpose of profit or dissemination. According to the "Regulations on the Specific Application of Laws in Handling Criminal Cases of Obscene Materials" issued by the Supreme People's Court and the Supreme People's Procuratorate on July 6, 1990, more than 5 to 10 boxes of obscene video tapes, more than 10 to 20 boxes of obscene audio tapes, obscene poker cards, books, periodicals, and picture albums were smuggled If there are more than 10 to 20 copies (volumes), or more than 50 to 100 obscene photos, it can be considered to be for profit or dissemination, and criminal liability will be pursued. The law is objective:

Article 364 of the "Criminal Law" Whoever disseminates obscene books, periodicals, videos, audio-visuals, pictures or other obscene materials, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or surveillance. Anyone who organizes the broadcast of obscene movies, videos and other audio and video products shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or 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 and not more than 10 years and shall also be fined. Anyone who produces or copies obscene movies, videos and other audio-visual products for broadcast shall be severely punished in accordance with the provisions of paragraph 2. Anyone who spreads obscene materials to minors under the age of 18 shall be severely punished.