On The Legal Regulation Of Throwing Objects From Height

The shortage of land resources has led to the increase of high-rise buildings,which also makes throwing objects from height more common.In response to the expectation of citizens and society,legislators set up relevant laws in civil and criminal aspects,such as the relevant provisions of the ’Civil Code’ and the ’Amendment to Criminal Law(XI)’,to regulate the behavior of throwing objects from height.However,laws cannot exist independently from practice.Legislation provides standards for judicial activities,and judicial activities reflect whether there is coordination between legislative norms.Therefore,this paper relies on the investigation of the current situation of judicial trial and the analysis of statistical data,looking for the problems existing in the judicial practice under the current legal provisions.Then studying the legal regulation of throwing objects from height from the legislative and judicial aspects to put forward suggestions for improvement.In the first part,the paper explains the basic performance and harm of throwing objects from height,and combined with the change of legislative concept,combs the regulations of throwing objects from height in China according to the order of time development,which lays the foundation for seeking the lack of legislative and judicial coordination in the legal regulation combining with the judicial practice.In the second part,the paper classifies and statistics the elements of throwing objects from height through specific cases.Then according to the data of real cases,analyzing the present situation of judicial trial practice,combined with existing legal provisions,finding inconsistencies between existing law and judicial practice.For example,it is difficult to identify the actor,the standard of responsibility identification is vague and other problems.Finally,combined with the relevant real cases to analyze the causes.In the third part,the paper is aimed at the problems existing in the judicial practice of the legal regulation of throwing objects from height mentioned above,putting forward suggestions for improvement from two aspects.The first is to clarify the nature of throwing objects from height and clarify the applicable legal standards for its attribution.The second is combined relevant experience from outside the region,using comprehensive means to find the responsible person just like improve the basic monitoring facilities,improve the efficiency of the investigation authorities and integrate the evidence chain,making them accountable for their actions.