Study On The Judicial Application Of Throwing Objects From High Altitude Crime

On December 26,2020,the 24th Session of the Standing Committee of the 13th National People’s Congress of the People’s Republic of China adopted the Amendment to the Criminal Law of the People’s Republic of China（11）,from which the crime of throwing objects from high altitude has become a crime independently.The regulation of throwing objects from high altitude in China has gone through the change from civil regulations to criminal law intervention,from judicial interpretation to independent crime.Finally,the crime of throwing objects from high altitude is stipulated in the crime of obstructing social management order in Chapter 6 of criminal Law.The crime of throwing objects from high altitude has a realistic basis and a criminal legal basis.By the standard of throwing from high altitude,the crime of throwing objects from high altitude is a misdemeanor.The protection law of throwing objects from high altitude is the public order,which is the stability and tranquility of life guaranteed by the public to abide by the rules of behavior.Real harm or real danger to personal legal interests belongs to the infringement of collective legal interests to the seriousness of the circumstances.To determine the crime of throwing objects from high altitude,we must consider whether there is real harm or real danger to personal and property legal interests.The crime of throwing objects from high altitude is not a dangerous crime,and it is more reasonable to be deemed as a criminal crime in accordance with the provisions.The analysis of the judicial practice of throwing objects from high altitude is divided into before and after the execution of the crime,most of the cases of throwing objects from high altitude are identified as the crime of endangering public security by dangerous methods,and the vast majority of them are identified as the crime of throwing objects from high altitude.The main problem existing before the implementation of the crime is that the crime and punishment are not suitable,the problem existing after the implementation of the crime is the lack of type of constitutive elements,the need to correctly identify the crime and non-crime,the crime and the other crime.The objective identification of the crime of throwing objects from high altitude requires the normative interpretation of "buildings and other high altitude" and "throwing objects" in the constitutive elements.The identification of high altitude shall not be based on the height in the height operation,but shall be based on the building.The second floor or above of the building may be identified as high altitude.The word "throw" itself carries a intentional meaning,and negligence is a falling object.The "article" in the normative sense should be dangerous objects without connotation and value.The subjective determination of the crime of throwing objects from high altitude must require the actor to at least have the intention of throwing objects from high altitude.subjectively negligence does not constitute this crime,and negligence of throwing objects from high altitude is actually falling objects from high altitude."Serious circumstances" belongs to the integral evaluation factor to judge whether the illegality of the behavior reaches the worthy punishment,including subjective and objective aspects.The second paragraph of the crime of throwing objects from high altitude belongs to the attention provisions for dealing with competition and cooperation.To judge whether throwing objects from high altitude constitutes this crime or another,the key is to analyze whether the behavior should be the elements of a crime or of several charges.If the elements of several charges are met,it will be considered as other heavier charges.