Although the article three hundred and twenty-seven of the criminal law amendment to the criminal law article 13 of the nine were modified,to extend the protection of the compulsory indecency object to“others”,and added “other serious circumstances”,but about other aspects of the restrictions for various reasons,did not make a detailed rules,just for this crime has made the simple summary,judicial interpretation on no specific objective requirement for this crime.Accordingly,in the case of,because of “indecent assault”,“compulsory” means,as well as the understanding of the “public” in public places is different,and there is a big controversy.Therefore,this article through three cases lead to major issues,and further research and discussion of issues,specific analysis of the case through the theory again,finally put forward the view of case.The first part of three cases as the breakthrough point,introduces basic situation and the controversial issue case,and then to summarize three cases controversial issues puts forward the main issues,namely,first,“obscene” behavior,as well as the cognizance of “mandatory” means;Second,“obscene” in public in a public place.At the same time of the two main issues will be explored,research.The second part is specific discussion about the cognizance of this crime“compulsory indecent behavior”.First of all,for what is a “indecency” behavior from aspects of theory and practice to explore,lewd behavior and other related behavior relations are discussed,then,from three aspects to discuss about the“mandatory” means,and further clear about in the “mandatory” and “obscene”relationship.The third part discusses the compulsory indecency in the cognizance of“public” in public places.To the general public is self-evident,but for some people is relatively fixed,the relatively open place in the crime,whether can also be regarded as “in public”.And the understanding of “public”,whether you need the most peoplesee the present,and the “public” and “in public” relationship is parallel or just a case in accordance with crime,the legal status of the punishment.The fourth part is about the first part lists the three cases of simple evaluation and come to the conclusion. |