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On "Public Places" In Criminal Law

Posted on:2017-01-19Degree:MasterType:Thesis
Country:ChinaCandidate:K HeFull Text:PDF
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The "public places" in the Criminal Law is a normative elements constitutive requirements, which needs to be explained. The controversy about "public places" from the judicial practice and the Criminal Law theory research can be summarized as two questions:what characteristics do the "public places" in the Criminal Law have and are the characteristics relativity? This thesis explore the charges to protect the legal interests first. Then it interpret each "public place" in different charges, using the teleological method of interpretation of Criminal Law, based on principal of legal and suiting punishment to crime. The "public" of the "public places" are the requirements of people in the place:the number of people in the place, the uncertainty of number and the uncertainty of identity. The crowd is the core of the "public". The uncertainty of number and the uncertainty of identity are necessary additions to the places which accommodate less people but also worth to be protected as "public places". According to the different charges protection benefit, the meaning of "public" in "public places" is relative. The "public places" in the Criminal Law should be real places, which means network is not the "public places" in the Criminal Law.
Keywords/Search Tags:public places, definition, relativity, reality
PDF Full Text Request
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