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The "Public Places" In Criminal Law

Posted on:2019-12-29Degree:MasterType:Thesis
Country:ChinaCandidate:M J WangFull Text:PDF
GTID:2416330596452451Subject:Criminal law
Abstract/Summary:PDF Full Text Request
This thesis focuses on the interpretation path and identification method of "public places",discusses the "public places" elements in public places crime under the whole view of criminal law.This thesis is divided into three chapters,chapter one teases and classifies all eleven charges involving "public places" in the criminal law of China,and analyse the nature of the element,confirming it belongs to norms in constitutive requirements.Chapter two through the collection,comparison and analysis of a large number of actual cases,points out deviation in the trial of related cases at present.The root cause of the problem is the elements of public places are complex and diverse,besides,there is no clear definition and explanation in the related laws and regulations,in these circumstances there is no agreed conclusion about the conviction and sentencing of related crimes.The third chapter is the core chapter of this article,discusses the specific contents of public space elements in the eleven crimes under the general framework of criminal law,raises follow the path of "most people—unspecific people—public life" to interpret and affirm "public places".Moreover,there are four categories of crimes according to object and the standard of "most people" in each category should be distinguished.In addition,author insists that cyberspace and other virtual spaces are not belong to public places,because the specific scope of the virtual spaces cannot be known by measurement,the means and harms of illegal behavior in virtual spaces are different from those in real public places as well.Furthermore,inorder to better grasp the difficult places such as the dressing room,the private car parking at the road,the classroom,etc,clarifying the boundaries of public places and private places is a crucial thing.
Keywords/Search Tags:Public Places, constitutive element, definition, virtual spaces
PDF Full Text Request
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