Tianyi Case": (Defendant: "Tianyi" Liu Yuanyuan)天一案”：（被告：“天一”刘园园）

The case was judged by the People's Court of Wuhu County on October 31, 2018. Liu Moumou (pen name "Tianyi") from Huai'an, Jiangsu Province was responsible for the writing of "Capture", which was publicized and attracted fans through Weibo, and later passed The sales on Taobao.com attracted the attention of the National Anti-Pornography and Anti-illegal Affairs Office, and was identified as an obscene publication by the Publishing Product Quality Supervision and Inspection Center of the State Administration of Press, Publication, Radio, Film and Television. At the time of the incident, Liu Moumou had already sold more than 7,000 obscene books of various types through the Internet, making illegal profits of 150,000 yuan. On October 31, 2018, the People's Court of Wuhu County pronounced the judgment of the first instance. The defendant Liu Moumou was sentenced to ten years and six months in prison and fined for the crime of making and selling obscene materials for profit.

There are two arguments: One: Obey the law VS the law is wrong. One thinks that we must abide by the provisions of the law, and the inappropriateness of the law is a matter of another level; the other thinks that the provisions and judicial interpretations of the "crime of disseminating obscene materials for profit" in the criminal law are based on the law of 1998 20 years ago. The determination standard of "serious circumstances" does not conform to the reality of today's economic development. Therefore, the law itself that the court based on the trial of "Tianyi" does not conform to the reality of today's economy. practice.

The second is the debate over the legitimacy of pornographic publications: Some people think that pornographic publications will not cause harm to our society, but are a manifestation of sexual liberation. Some people also believe that the description of sex in the works is very likely to induce more potential criminals in the society to commit specific criminal acts, causing unspecified victims in the whole society to be on the verge of being infringed on their legal interests.

该案于2018年10月31日由芜湖县人民法院判决，《攻占》由江苏淮安的刘某某（笔名“天一”）负责书籍的编写，该书通过微博宣传、吸粉，后通过淘宝网店对外销售，引起了国家扫黄打非办的注意，被国家新闻出版广电总局出版产品质量监督检测中心鉴定为淫秽出版物。案发时刘某某已经通过网络销售各类淫秽书籍七千余本，非法获利十五万元。2018年10月31日，芜湖县人民法院一审宣判，被告人刘某某犯制作、贩卖淫秽物品牟利罪被判处有期徒刑十年六个月并处罚金。

有两个争论：一：遵守法律VS法律有误。一者认为我们必须遵守法律的规定，法律规定不合适是另一个层面的事情；二者认为刑法关于“传播淫秽物品牟利罪”的规定和司法解释，是依据20年前1998年的法律，对“情节严重”的认定标准并不符合当今经济发展的现实情况，因而，法院对“天一”审判所依据的法条本身是不符合当今经济现实的，是一种用司法滞后性强行归罪的做法。

二是对于淫秽色情出版物合法性的争论：有人认为淫秽出版物不仅不会对我们社会造成危害，反而是性解放的表现。也有人认为,作品中对性的描写有极大的可能会诱导社会上更多的潜在犯罪人实施具体的犯罪行为，造成全社会中不特定的受害人处于法益受到侵害的危险边缘。