Research On The Criminal Law Regulation Of High-altitude Parabolic

High-altitude projectiles are called "pain hanging over the city." It is necessary to accurately define the basic concept of high-altitude projectiles from the level of physical harm.At the same time,it is necessary to make a clear distinction between criminals and citizens for the behavior of high-altitude projectiles,and clarify the criminal and non-criminal behaviors.limit.High-altitude projectile behavior has serious social harm.The existing civil mechanism is difficult to contain the increasingly frequent high-altitude projectile chaos.Based on the practical consideration of criminal policy,it is highly realistic to include high-altitude projectile behavior into the scope of criminal laws and regulations.Controlling the behavior of throwing objects at height by criminal laws and regulations well reflects the justice value and benefit value of criminal law,and is the implementation and realization of the value of criminal law.When conducting criminal laws and regulations on projectiles at heights,it should be fully considered that the crimes involved in projectiles at heights are not unique.The principle of statutory crimes and punishments,the principle of guilt and punishment compatibility,and the principle of responsibility must be adhered to,and different charges should be applied more appropriately and accurately to high-altitude projectiles.Regulation of behavior.Under different circumstances,the infringement of the criminal law and legal benefits of the high-altitude throwing behavior is different.Specifically,the legal benefits of public security,the legal benefits of personal rights,the legal benefits of public and private property ownership,and the legal benefits of social public order are mainly infringed.The regulation of high-altitude throwing behavior uses different charges to achieve the purpose of heavy punishment for serious crimes and light punishment for misdemeanors.The "serious circumstances" of the crime of high-altitude throwing has yet to be clarified by the judicial interpretation.The "serious circumstances" of the crime of high-altitude throwing can be considered from three aspects: the subjective malignancy of the person who performed the throwing at height,the degree of danger of the throwing behavior at height,and the harmful consequences.The form of subjective crime of the parabolic perpetrator at height distinguishes different situations,which can be intentional or negligent.In the case where the form of subjective guilt is intention,most of them are general intentions,and a few are definite intentions.It is necessary to accurately determine the subjective form of the offense of the person who performed the projectile at high altitude,and accurately apply the crime.