Traditional Culture Encyclopedia - Hotel reservation - Why is the "small card" repeatedly banned and the "card party" so rampant?
Why is the "small card" repeatedly banned and the "card party" so rampant?
The reason is that according to the existing laws, there is still a legal gap in how to punish the behavior of issuing small cards, and the illegal cost is low, which leads to the "card party" to hide.
Legal sources said that the act of "issuing small cards" superficially involved many laws and regulations. However, because the contents of the card are not clearly stated as soliciting @ whoring, selling @ whoring @ prostitution, it is still necessary to grasp that the behavior of distributing small cards should be characterized as soliciting @ whoring, selling @ whoring @ prostitution or even organizing, luring, sheltering, introducing @ selling. People who distribute small cards usually follow guests or sneak into hotel floors to stuff cards into rooms. The public security organs are not sure to disturb the order of units and public places, so it is difficult to apply the Law on Public Security Administration Punishment and other relevant laws and regulations for punishment. At present, in our country, hotels are regarded as "public places", and distributing small cards in hotels is not considered as illegal intrusion into other people's houses, so it cannot be characterized as "the crime of illegal intrusion into other people's houses" in our criminal law. Therefore, public security organs often only criticize and educate people who distribute small cards and let them go. Only when the person who sent the small card had physical conflict with the hotel staff, causing personal injury, the public security organ could punish it. Those who have not caused serious consequences are often detained for 24 hours.
However, in the actual law enforcement, whether it is the management of small advertisements issued by hotels or the punishment afterwards, it is vague and insufficient. Zhu Xiwei, the presiding judge of the wounding case in Shanghai Orange Hotel, found through long-term judicial practice that the small advertisements distributed in the hotel have a great relationship with the behavior of selling, prostitution and whoring, and the distribution of small advertisements has been repeatedly banned for many reasons: First, the law has not cracked down on the distribution of small advertisements enough. "Small advertisements published in public places belong to urban management. If the content is pornographic, it belongs to public security. Even if Huang is caught by the police, it is difficult to punish him by advertising alone. Even if the investigation is conducted through the contact information of the small card, it is very time-consuming, because the issuing advertisers are often independent of the actual contacts and pornographic service providers. " In addition, some hotels take a laissez-faire attitude towards this kind of behavior. Many hotel employees think it's none of their business and don't want to mind their own business. Maybe they can't handle it after being beaten.
Therefore, to eradicate this "stubborn disease" requires the joint efforts of many departments.
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