Research On The Identification Of "Public Place In Public" In Indecent Crime

“Public places and in public” are classified as compulsory indecency and insult crime with more than five years of sentencing in the same way as assembling a crowd and other bad plots.However,the judicial application scope and frequency of “public places and in public”plots are higher than those of the other two plots.Therefore,in a larger base of cases,different judgments for the same case has appeared in multiple cases of compulsory obscenity in “public places and in public”,reflecting the controversy over the application of the plot in judicial application.The specific criteria of this upgrade plot are intriguing and thought-provoking.Therefore,this paper,with four parts as a whole,makes a comprehensive analysis and discussion of compulsory indecency and insult crime in“public places and in public”.In the first part,the author begins with the controversy on the criminal law application of “public places and in public” plots,and expounds the current application situation of the compulsory indecency and insult crime in “public places and in public” in judicial practice from four aspects: legislation,judicial interpretation,guiding cases and judicial cases.Then,in terms of theory,through many domestic scholars and practitioners ’specific interpretation of the “ public places and in public ” plots,the views and controversies of different scholars are objectively compared,and finally the differences and problems in the application of compulsory indecency plots in “public places and in public” are summarized from both practical and theoretical aspects.The second part is composed of two modules with similar framework.The two specific components of “public place” and “in public” are analyzed respectively.For the interpretation of “public place”,based on the exhaustive connotations enumerated in various departmental laws and the definitions given by various scholars,and with bookstores and Internet bars that are recognized as “public places” in the judiciary as examples,this paper explores three commonalities and draws its own point of view,that is,to express the “public place” as “a place where an unspecified majority of people enter and apply its functions in compliance when opening”with“majority”being the core.For“in public”,according to its meaning,the conclusion that “one person can be called‘public’”is demonstrated,and on this basis,four standards of“in public”are obtained through scholars’ views and cases,that is,the reality of“zhong”,the subjective cognition of“dang”,the possibility of perception,the resistance of the victim.In addition,at the end of the two parts,the application of “public places” and “in public” in relatively independent enclosed spaces are discussed.Based on the second part,the third part combines the “public place” with “in public”,and demonstrates that “public places and in public” is not simply the sum of the two,but the application reduction on the basis of the sum.This judgment focuses on the influence of “publicity” in the plot of “public places in public”,supplemented by the restrictions in the “public place”.Based on this,this paper discusses the rationality of“public places in public” plots as judicial criminalization plot,and demonstrates with cases that when the minors who have insufficient consciousness of sexual protection and resistance are injured,the limit of the interpretation of the plot of “public place in public”should be reduced.The fourth part takes cyberspace as the object,analyzes and compares the views of many scholars on the application of “ cyberspace ” as public places,and draws the conclusion that“there are public places in cyberspace”.Then,taking three common forms of “platform interaction type,communication output type and public comment type” in cyberspace as examples,the existence of “in public” in cyberspace is demonstrated.Based on this,the conclusion is drawn that there is “public place in public” in the crime of obscenity in cyberspace.In addition,it analyzes the application of the circumstance of "public place in public" in four kinds of situations,and analyzes the basic elements that should be grasped in the obscenity identification of "public place in public" in cyberspace.