In the crime of obscene articles, it is impossible to explain the complex legislation phenomenon simply with moralism, paternalism, liberalism or feminism only. Pluralism is relatively reasonable. The criminal legislation on obscene articles is based on the principle of offence, considering the theory of prohibition of exploitation and soft paternalism. The principle of damage in the theory of legal interest cannot provide a reasonable explanation for the legislation. Obscene articles are characterized by obscenity and lack of scientific or artistic value. These features should be understood mainly based on the principle of offense.
罗翔. 论淫秽物品犯罪的惩罚根据与认定标准——走出法益理论一元论的独断[J]. 浙江工商大学学报, 2021, 35(6): 82-90.
LUO Xiang. Punishment Basis and Identification Standards of the Crime of Obscene Articles——Casting off the Monism of Legal Interest Theory. Journal of Zhejing Gongshang University, 2021, 35(6): 82-90.