组织卖淫罪与协助组织卖淫罪的界分

The Distinction between the Crime of Organizing Prostitution and the Crime of Assisting in Organizing Prostitution

摘要: 协助组织卖淫罪与组织卖淫罪虽然存在联系，但两罪都是独立罪名，具有不同的犯罪构成，边界清晰，在各自的共同犯罪内部可以区分主、从犯。两罪的区分应从组织卖淫罪的本质特征“管理性”入手，即组织者通过制定具体的管理制度和措施管理卖淫人员和活动，使卖淫人员听从指挥，卖淫活动依照、遵循一定的程序有序进行，如果行为人的行为不具备这一性质，则难以构成组织卖淫罪。

Abstract: Although there is a connection between the crime of assisting in organizing prostitution and the crime of organizing prostitution, the two crimes are independent crimes, with different criminal compositions and clear boundaries. Within their respective joint crimes, the principal and accessory can be distinguished. The distinction between the two crimes should rely on the essential feature of the crime of organizing prostitution, namely, the judgment of “management”, that is, the organizers manage the prostitutes and activities by formulating specific management systems and measures, so that the prostitutes follow the command, and the prostitution activities are carried out orderly according to and following certain procedures. If the behavior of the perpetrator does not have this nature, it is difficult to constitute the crime of organizing prostitution.