An Empirical Study On The Criminal Responsibility Of Throwing Objects From High Altitude

In recent years,the number of high-altitude parabolic cases is growing,and there are more than 1600 high-altitude parabolic cases retrieved in China’s judicial document network,which poses a great threat to people’s personal and property safety.It can be predicted that the problem of high-altitude parabola will still occur for a long time in the future,so it is necessary to study the problem of high-altitude parabola.With the promulgation of the criminal law amendment(11),the behavior of throwing objects at high altitude with serious harm will be regulated by the criminal law.Since then,the relevant laws to solve the behavior of throwing objects at high altitude have been improved in the criminal law,so that the relevant criminal cases can be more accurate in conviction and sentencing.However,"throwing objects at high altitude" is in the process of replacement of new and old laws and regulations,development and progress,and the charges of throwing objects at high altitude in different situations still need to be carefully explored.Before the promulgation of the new law,there are problems of different standards for the determination of charges and different judgments for the same case.The reason for this problem is that the applicable standards of charges are not clear enough in practice,and the boundaries are not clear Not clear enough.Therefore,after the promulgation of the new law,whether the "crime of throwing objects at high altitude" can be accurately applied is also a very important issue.Before the promulgation of the criminal law amendment(11),the academic circles mainly analyze the problem of determining the criminal responsibility of throwing objects at high altitude from the perspective of whether it is appropriate to recognize the behavior of throwing objects at high altitude as the "crime of endangering public security by dangerous means".Due to the promulgation of the new law,the main entry point of this paper is the standard boundaries of different charges and the problems worthy of analysis in the development process of charges under the background of the new law.Based on 31 criminal cases of high-altitude parabolic behavior,according to the different behavior patterns of the actors,this paper divides the high-altitude parabolic behavior into three types: the charges directly identified for the high-altitude parabolic behavior,the crimes caused by the high-altitude parabolic behavior,and the crimes against specific people or objects by the high-altitude parabolic behavior.First of all,the author analyzes the identification of this type of accusation as a whole,that is,the number,time distribution,the proportion of all high-altitude parabolic cases,and the charges identified separately.Then,it classifies the charges and analyzes them separately,and analyzes the influencing factors of the determination of criminal responsibility of throwing objects at high altitude in the form of charts and tables.Through the comparison of different types of high-altitude parabolic behavior accusation,this paper analyzes the factors and problems that have great influence on the determination of high-altitude parabolic behavior accusation before the promulgation of the criminal law amendment(11).At last,the author makes a preliminary understanding and Prospect of the application of the charge of "throwing objects at height" in the new law.