On The Crime In The Public Places

The crime in the public places is the major criminal type of Chinese criminal code law, which is required for the "public place" as a kind of crime elements clearly.The public places in the sense of the criminal law refers to the criminal law and judicial interpretation.It affects the conviction and sentencing, reflecting the spatial position of social harm and personal danger. It mainly includes the public places of the conviction and the public places of the influence of sentencing.The crime in the public places focus on whether the acts endanger the public safety.It needs to avoid any expansion of public places and should be combined with the specific situation or specific analysis.The judicial interpretation expands the scope of application of public places, adapting to the development of the situation.It has guiding significance for combating cyber crime.But the crime of affray itself has the problem,so attempts to use of affray crime to regulate cyber space anomie behavior will inevitably cause some controversy.In view of the deficiency about the regulation of crime in public places,it can be defined public places in the penal code clearly and we can acknowledge the existence of network space, in order to adapt to the requirements of the principle of a legally prescribed punishment for a specified crime.For the explain matters of breaking the criminal law,we may try to solve it through legislative interpretation.The judicial interpretation should not be exhaustive and give judicial full discretionary power.The judicial personnel should be strictly grasp the legal provisions, and insist on taking laws as the criterion, correctly handling the relationship between judicial experience and the reality of the situation, Last,they update their concept of law enforcement, in order to adapt to the complex and changeable environment.