近日,备受争议的南京“换偶案”以副教授马某以及其他被告人被判处聚众淫乱罪而落下帷幕,然而社会舆论对于此案的争议并未因法槌的下落而止息,围绕“换偶”行为是否构成聚众淫乱罪,应否受到刑罚处罚,乃至聚众淫乱罪本身在立法上的正当性、必要性问题,各界人士之间依然进行着激烈的交锋。 Recently, the controversial Nanjing “replacement case” came to an end with the adjunct professor Ma Mou and other defendants convicted of mass immorality. However, the controversy over this case in the public opinion did not stop because of the whereabouts of the mallet. Whether the act of committing a vice or not constitutes a crime of mass moboid sexual conviction should be subject to punishments and punishments and even legitimacy and necessity of legislation in the crime of mob prostitution itself. There is still a fierce confrontation between people from all walks of life.