Analysis Of The Crime Of Endangering Public Safety By Dangerous Method Of High-altitude Parabola Type

In recent years,high-altitude parabola has become "the pain hanging over the city",the Supreme Court in order to ensure public safety,issued the "Supreme Court on the proper handling of high-altitude parabola,fall cases"((hereinafter referred to as "the Act"),which provides that high-altitude parabola may constitute a dangerous method of endangering public safety crime.The crime of endangering public security by dangerous method is regarded as a pocket crime for a long time,the stipulation itself is more vague,so in the face of high-altitude parabola this new type of criminal means,there is inevitably a certain applicable problem;The author thinks that there is still something worth thinking about.In this regard,this paper is based on the dangerous method to endanger public security crime,with high-altitude parabola as the starting point,to study the determination of high-altitude parabola criminal responsibility-related issues.In the introduction part of the article,the author first expounded the research purpose and significance of this paper,whether it is the new normative documents or practice will be the crime of endangering public safety by dangerous method as the first choice of high-altitude parabolic crime,so the author will discuss its rationality from the point of view of the crime composition and behavior of the crime of endangering public safety by dangerous method;The author expounds the research methods of this paper,including literature research method,empirical analysis method and case study method.Again,the literature review,the author expounds the current research status of the academic circles on the crime of endangering public safety by dangerous method stoking the high-altitude parabolic type.Finally,classic case introduction.The first chapter of this paper provides an overview of the crime of endangering public safety by dangerous methods and the act of high-altitude parabola.Firstly,it expounds the historical evolution of the crime of endangering public security by dangerous methods,secondly discusses the definition criteria of "other dangerous methods",considers whether the risk is quite serious,whether it is sufficient to cause the consequences of material damage,and then expounds the understanding of "public safety",which should satisfy the "majority" in addition to "not specific" Finally,define the key words of high-altitude parabolic,including throw height,throw,etc.The second chapter of this paper analyzes whether the high-altitude parabola constitutes the reasonableness of the crime from the boundary between the constituent elements and his sin.First,the exercise of the crime is mainly intentional,secondly,in objective terms,from the means of harm,the consequences of harm and other ways of behavior of the crime,the discussion of the risk is considerable;Compare the boundaries between this crime and intentional destruction of property,the crime of causing serious injury by negligence,the crime of causing death by negligence,and the crime of intentional injury and the crime of intentional homicide.The third chapter of this paper is to sort out the cases related to the behavior of high-altitude parabola.First of all,the statistics of high-altitude parabolic cases,the total number of cases is on the rise,but the number of criminal cases is low,followed by the analysis of the reasons,it is concluded that the criminal law modesty requirements and civil legal norms are more complete,coupled with the perpetrators difficult to determine,the comprehensive led to the above-mentioned status.The fourth chapter of this paper is to improve the regulatory path of high-altitude parabola behavior.First,the judiciary should change the thinking of pocket crime,strictly follow the principle of criminal law,secondly,should strengthen the intensity of administrative supervision,and finally,should improve the public place monitoring system,popularize the publicity work of the rule of law.