时间已经进入21世纪的第七个年头,中国的互联网终端用户已列世界第二,然而,任何事物总有两面,在享受网络技术带给我们便利的同时,它的负面影响也在逐渐显现。网络大潮,泥沙俱下,而“裸聊”正是大量不良网络行为中既受到广泛关注、又似乎很难定性的一类行为。有人认为这是一种犯罪,有人认为这只是一种个人行为,而作为一个司法工作者,在面对司法实践中的难题时,不仅要破题,更要解题,不仅要就案办案,更要去思考和解决隐藏在案件背后深层次的法律问题,这不仅是一名法官的职责,更是法官责任感的驱使。笔者从一个具有代表性的“裸聊”案件出发,层层剖析这一行为的本质、特征和社会危害性,得出该行为应当受到刑法规制这一结论。同时,试图在现有的法律框架内提出解决的方案。笔者认为,法律作为紧贴时代的学科,不仅应当维护自身的稳定性,也要时刻保持对社会变迁的警觉,这看似对立的两个趋向促使法律不断从传统土壤中萌发出勃勃生机。 Time has entered the seventh year of the 21st century. China has the second-largest number of Internet end-users in the world. However, there are always two sides to anything. As the Internet technology brings convenience to us, its negative impact is gradually emerging. Network tide, sediment, and “nude chat ” is the behavior of a large number of bad network behavior has received widespread attention, it seems difficult to be qualitative. Some people think this is a crime. Some people think that this is only a kind of personal act. As a judicial practitioner, in the face of the difficult problems in judicial practice, it is not only necessary to solve the problems but also solve the problems. To think about and solve deep legal issues hidden behind the case is not only the responsibility of a judge, but also the judge’s responsibility. Starting from a representative “nude chat” case, the author analyzes the nature, characteristics and social harmfulness of this act at various levels and concludes that this act should be regulated by criminal law. At the same time, trying to put forward the solution plan within the existing legal framework. The author believes that the law, as a discipline close to the times, should not only maintain its own stability but also be vigilant to social changes at all times. The two seemingly opposed tendencies urge the law to emerge vigorously from the traditional soil.