Research On The Identification Of High-altitude Parabolic Crime

As a new crime,the crime of throwing objects from high altitude is used to regulate the serious behavior of throwing objects from high altitude.In recent years,the highaltitude throwing behavior frequently,has disturbed the social life order seriously.Prior to the introduction of civil law is not enough to contain,so the crime of throwing objects from a height emerged.First of all,the statement of the charge is more intuitive,clear throwing is a criminal offence.Secondly,the crime of throwing objects from height is included in the First Section of "crime of disrupting public order" in the sixth chapter of the Criminal Law.Lowering the threshold of conviction and imposing sanctions according to the crime of throwing objects from high altitude,which is serious but does not cause serious consequences,will help to play the functions of punishment,norm and prevention in the judicial trial and avoid causing more serious crimes.However,the law will be the identification of this crime to "serious circumstances",ambiguity and the provisions of the practice is not conducive to unity.In order to apply the charge correctly,we should first discuss the meaning of public order,which is different from public security,including the normal operation of public power and the peaceful life of citizens.The degree of the violation is lower than that of public security,that is to say,if no harm is done and public security is not violated,it may still be regarded as a crime because of the dangerous nature of the act.Secondly,it is necessary to define the behavior mode of the crime,discuss the height,the place and the scope of the crime,and make clear the characteristics of the high-altitude throwing behavior which has the meaning of criminal law evaluation.Finally,in the identification of subjective crime,in view of the subjective activity of the act itself and the system of the criminal law,the crime can not be established negligence,so it is more appropriate to identify it as intentional crime.In view of the difficulties in judicial application,this article compares the opinions on properly handling cases of throwing and falling objects from height issued by the Supreme People's Court on October 21,2019,with the research on serious circumstances,in the connection between the two,we find the inappropriateness of the previous provisions,on the basis of which we put forward the solution to the problem of the identification of serious circumstances.When the circumstances are serious,the specific circumstances shall be determined in light of the degree of harm caused by the act and the contents of the perpetrator's subjective malignity,for example,in densely populated places to implement,two years to implement more than three times,throwing objects have serious injury,and so on.As for the determination of the number of crimes in this crime,if the crime is identified as other crimes in the event of concurrence,it will lead to this crime not being able to play its role.Therefore,the author has compared many crimes,and with the help of the typical cases already published by the Chinese judicial documents website,combined with the concrete result of the case processing,this paper puts forward several aspects that should be paid attention to in the application of this crime,such as the subjective malignity of the actor,the place where the action is carried out,the nature of the object,etc..