On“Public Places”in Criminal Law

All crime in the crime occurs,location factors,namely crime happen,in the process of criminal law studies,site elements has been not studied the key problem,we also often ignore this aspect of the elements.But specific provisions of criminal law in some provisions on public places emphasis on,some clauses will be public places as crime elements of the constitution of crime,some provisions as aggravating circumstances will be public.The article analyses the meaning of "public places" as the standard content,including the protection of public order,the protection of human shame and so on,there is no precise definition of "public places",instead of using two judgment angle form and substance of most of the people and ordinary people is not a specific social concept to judge of "public",in this paper,it is clear that we should judge the "public places" by combining two methods of judgment.For some special place,like internet space,ordering car online,in the course of the discussion,there are some places of publicity.It also points out the idea that certain places can be converted in public places and private spaces in specific crimes.Classification of offences involving "public places" in violation of different types of interests,including crimes of public security,violations of sexual rights,violations of property rights,and crimes against public order,and according to the classification of four to infringe on charges of different types of "public" are analyzed.In the offence of public security,focus on the object of the crime,it is endangering public safety and avoids expanding the scope of "public places",in the crime of sexual assault,"public places" should be determined by "public".Because most of the victims of such crimes are vulnerable groups,the "public places" should be expanded to explain,protect the interests of the victims;in the violation of property rights,we can't just limit "public places" to crowded places of entertainment,buses,etc.,even in stations with only a few people,we should be sure that they are "public places";in the crime of public order,the judgment of "public places" is generally summed up as the size of large place or actual population.