Study On "Public Places" In Criminal Law

Public places are physical space that are open to no specific people or the majority of the public,and accessible to the public.Public places should be confined to the physical space of reality.The characteristics of public places mainly include publicity,order and non-crowd reality as necessary elements.In the crime involving public places,some public places belong to the common constituent element.It plays a decisive role for the establishment of the crime,with the usual degree of encroaches of the legal interests.Some public places affect the penalty measurement of cases.However,because public places change the type of behavior,resulting in an increase in the illegality of the act,and the law also provides for an increase in the statutory punishment,it is not a factor of penalty measurement,but a aggravating constituent element,which belongs to derived constituent element.The identification of public places is not only controversial in the theoretical circle,but also different in judicial practice.This paper introduces the status quo of judicial practice and controversy of theoretical circle about public places,and puts forward the specific consideration factors of affirming public places from two aspects of public and place respectively.If satisfy the "publicity" of public places,we should consider whether the public places is open to the majority,and if it is open to the minority of non-specific,the public places should also have the possibility of transforming from the non-specific minority to the majority.Object-oriented identity does not affect the publicity of affirming.If a place is considered as public places,it should be a physical space,which could accommodate the majority.In addition,the place should allowed the majority to get in and out.Only in the way,the place could be recognized as public places.Whether the cyberspace,the closed space or the internal place of the company are public places,which is the difficulty in judicial recognition.Although the cyberspace has some characteristics of public places,but if the cyberspace is affirmed as public places,there will be a phenomenon that judicial interpretation expands the protection scope of legal interests,and it also don't meet the requirements of identity that the place of act and result of the crime of picking quarrels and provoking troubles should be identical.So cyberspace can not be recognized as public places.Closed space in different places will come up with different results.The closed space of complete non-public places doesn't have publicity,so it can not be recognized as public places.The closed space of complete public places need to consider the specific circumstances of the closed space to determine whether it is public places.The closed space between public places and non-public places may be regarded as an extension of public places and recognized as public places.According to different functions,the internal places of the company or the enterprise can be divided into front desk,office and so on.Different internal places have different characteristics,resulting in different affirming results.The front desk confront not only the company's specific staff,but visitors,couriers and other non-specific people.So the front desk of company should be recognized as public places.Because the office could be large or small,workers could be more or less,and the degree of access also affects the possibility of transforming from the non-specific minority to the majority,we cann't do a unified identification of the office.