Research On The Legal Application Of The Crime Of Throwing Objects

On December 26,2020,the "Amendment to the Criminal Law of the People’s Republic of China(11)" was passed and will come into force on March 1,2021.After the Civil Code perfected the governance rules for high-altitude throwing objects and falling objects,the Criminal Law also included throwing objects at heights as a separate penalty,which was included in the crime of disrupting public order in Chapter VI,Section 1.For a long time,some high-altitude parabolic phenomena with bad behaviors,high social dangers,and certain harmful consequences have attracted attention,and have repeatedly caused public opinion.The high-altitude penalties have their distinctive characteristics of the times and practical necessity,which is the general trend.And this round of amendments to the Criminal Law also reflects a response to social hot spots.This article believes that the legal application boundary of the crime of throwing objects at height includes three parts.The first part divides the crime and non-crime,and divides the crime of throwing objects at height in the pure criminal law and civil torts,and the crime of throwing objects at height in public security management punishment.Distinguish;the second part distinguishes this crime from the crime of endangering public safety by dangerous means.This is the focus of controversy in the first and second review drafts,and even the officially adopted "Criminal Law Amendment(11)"The main focus is on whether throwing objects at height should be penalized alone,or whether it is stipulated in;the third part distinguishes this crime from other related crimes that may cause competition.It can be seen that pure throwing at height does not Does not fully comply with the criminal constitution of other related crimes.Exploring the legal application of the crime of throwing objects at height has far-reaching significance not only in theoretical circles,but also in judicial practice.In particular,judicial practice can affect the recognition of the value of fairness and justice in the minds of the masses.Through the analysis,demonstration and comparison of the law application of high-altitude throwing objects in this article,it can be seen that the "Criminal Law Amendment(11)" classifying high-altitude throwing objects into the crime of disturbing public order is in line with the principle of legally prescribed crimes and punishments.Proposed in this paper,from the draft of the "endanger public security" to the final written "serious",is also for this crime indictment describes the biggest change,"serious" determines the high standard of crimes,also determines the behavior is high altitude parabolic of crime,but "if the circumstances are serious" belongs to the fuzzy rules,may bring high altitude parabolic criminal regulation of behavior must be applicable,easy to cause different connection with the crime problem.It is suggested that the "serious circumstances" of the crime of throwing objects from high altitude should be explained in detail in the future judicial interpretation.For example,it can include but not limited to the following points :(1)adding "repeated execution",which means that the perpetrator commits throwing objects from high altitude for more than three times in two years.(2)the inclusion of "causing great losses to public or private property",referring to the amount standard of the crime of intentional destruction of property,but lower than this standard;(3)can be from the "means similar,the same nature" and other aspects to grasp,to add "other serious circumstances" of the bottom clause.