Research On Judicial Identification Of Throwing Objects From High Altitude

In recent years,many high-altitude throwing cases have seriously damaged the safety of peoples lives and property.They have also been reminding that "safety of the public" is in urgent need of legal protection.In 2019,the Supreme Peoples Court issued the "Regarding the Proper Trial and Handling of High-altitude The " Parabolic Opinions(hereinafter referred to as Opinions)pointed out that the perpetrators need to combine multiple factors to make comprehensive judgments when performing high-altitude throwing behaviors,so as to accurately convict and sentence.The newly passed "Eleventh Criminal Law Amendment"(hereinafter referred to as "Xin Amendment Eleven")also makes the behavior of throwing objects at height independent of the crime.Criminal justices positive response to high-altitude parabolic behavior plays an important role in effectively preventing and curbing the occurrence of high-altitude parabolic behavior and forming a good social trend.It is also a manifestation of insisting on putting people as the center.However,whether it is the "Opinions" or the "Xin Amendment Eleven",the convictions of parabolic behavior at height in different situations have a certain degree of ambiguity,which leads to the problem of conviction of parabolic behavior at height in different situations in judicial practice clear.There are inexhaustible internal links between " the behavior of throwing objects at height" 、 "crime of endangering public safety by dangerous mean sand " 、 "crime of deliberately destroying property ".The behavior of the perpetrator in different mentalities,scenarios and time is possible.Different verdicts have resulted in many difficulties in the identification of parabolic behavior at heights.Similar cases may also have different convictions in the same case.Therefore,research on the conviction of parabolic behavior at height and the issue of competition and cooperation has important implications for judicial practice.An important reference role.This article consists of four parts:The first part analyzes the "legislative background of the crime of throwing objects at heights","the legitimate basis for penalties for throwing objects at heights",and "the regulatory path for the connection of civil and penalties for throwing objects at heights".Parabolic behavior conducts a study that returns to the original intent of the legislation;The second part is mainly to clarify the meaning of the key words in the law,discuss in detail the crime of "throwing objects at height" from two aspects: objective and subjective elements,and objectively analyze the elements of the crime;The third part discusses the systemic application rules of the crime of throwing objects at height and the problems of competition and cooperation with related crimes,and clarifies the handling methods of this crime and the other crime;The fourth part aims at the problem of reality proof of parabolic behavior at height,starting from social reality and judicial practice,proposes its own solution path to the judicial proof of "parabolic behavior at height",in order to provide reference for the smooth implementation of the revised criminal law.