The Crime-Punishment Imbalance with Organized Prostitution and Its Solutions

The statutory penalty for the crime of organized prostitution is excessively heavy, which is contrary to the principle of equivalence between crime and punishment. Unlike other heavy crimes whose perpetrators should be sentenced to more than five years in prison, the statutory penalty for organized prostitution does not match the actual degree of criminal harm. The judicial application of the crime of organizing prostitution is facing difficulties, and the existing judicial interpretations are not sufficient to solve the problem of imbalance between crime and punishment. In order to solve the insufficiency of the statutory penalty for this crime, the principle of equivalent crime and punishment should be adhered to and the judicial interpretation of organized prostitution should be reformulated. The new judicial interpretation should raise the standard for constructing the crime in both the subjective and the objective aspects and raise the threshold and exclude certain acts; it should clarify the attributes of organization and management involved, and acts which cannot meet these attributes will not be considered organized prostitution and shall be treated as related crimes in accordance with the law.