Research On The Judicial Determination Of The Crime Of High Altitude Projectiles

The crime of high-altitude parabola added by the Criminal Law Amendment（11）has been applied in judicial practice from time to time in the past year or so,and has also caused many controversies in theoretical research.Elements,the threshold of high-altitude projectile crime and non-crime,high-altitude projectile crime and other crimes are divided into three aspects to study."Public order" should be understood as "the state of citizens’ safety and peace in public order".The situation in judicial practice is different,and it is not possible to make too specific regulations on "high altitude" and "object".The understanding of "throwing" is related to the subjective aspect to a certain extent,and the influencing factors of "serious circumstances" only need to be limited by considering objective factors.Civil law,administrative law and criminal law all regulate the behavior of high-altitude projectiles.It is necessary to clarify the applicable boundaries of the law and comprehensively consider the elements of the high-altitude projectile crime.The key to distinguishing the crime of throwing objects from high altitude from the crime of endangering public safety by dangerous methods,the crime of intentional injury（homicide）,the crime of negligently causing serious injury（death）,the crime of intentional destruction of property,the crime of major liability accident and the crime of picking quarrels and provoking trouble lies in the constituent elements of each crime and differences in protection of legal interests.