How to deal with the crime of actively selling cigarettes?

According to the relevant laws of our country, prostitution is not a criminal act, and criminal responsibility is not pursued, but administrative detention and fines can be imposed on public security.

People's Republic of China (PRC) Public Security Administration Punishment Law

Article 66? Those who engage in prostitution and whoring shall be detained for more than 10 and less than 15, and may be fined less 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.

How to define the crime of organizing prostitution

(A) the boundaries between this crime and non-crime

1, whether there is any intention to organize others to engage in prostitution;

2, whether the implementation of the organization of prostitution.

It does not constitute a crime to intentionally organize others to engage in prostitution or not to organize others to engage in prostitution. If some hotels, hotels and other service personnel engage in prostitution, although the person in charge has relaxed management, as long as there is no intention to organize others to engage in prostitution and there is no act of organizing others to engage in prostitution, it cannot be regarded as a crime.

(2) the boundary between this crime and criminal group

In the criminal activities of organizing others to engage in prostitution, organizers and organized people usually form a relatively stable group, similar to criminal groups, but there are essential differences between them:

(1) A criminal group is a form of * * * accomplice, not a charge, but a sentencing circumstance; The crime of organizing prostitution is an independent crime, not a criminal circumstance;

(2) In the activities of organizing others to engage in prostitution, only the organizer and assisting the organizer constitute a crime, and the organizer does not constitute a crime, while the members of a criminal group, whether they are organizers, executors, helpers or instigators, only commit the same crime.

(3) Criminal groups generally have a fixed organizational form and engage in one or more criminal activities for a long time or many times. The crime of organizing prostitution does not depend on whether there is a fixed organizational form and the time and frequency of criminal activities.