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Criminal Law Analysis Of High-altitude Parabolas

Posted on:2022-12-27Degree:MasterType:Thesis
Country:ChinaCandidate:D Y XuFull Text:PDF
GTID:2516306614455154Subject:Law
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With the rapid development of the economy,the development of urbanization is accelerating,and high-rise buildings are rising.More and more people move into buildings to live,which also leads to frequent occurrence of high-altitude parabolic cases,which threatens people's life and property safety.In order to deal with the vicious incidents of high-altitude parabolic events that have occurred repeatedly this year,and earnestly safeguard the legitimate rights and interests of the people.In 2019,the Supreme Court issued the "Opinions on Proper Trial of Cases of Throwing and Falling Objects" in a timely manner,which clearly stipulated the conviction and sentencing of high-altitude throwing behaviors.Under the guidance of this opinion,my country's high-altitude parabolic behavior is mostly convicted and punished as the crime of endangering public safety,which has caused widespread controversy in the academic circles.In practice,the main reason is that judicial staff did not accurately understand the normative meanings of other dangerous methods and public safety in Article 114 of the Criminal Law,which led to many high-altitude projectile cases being wrongly characterized in order to endanger public safety by dangerous methods.The crime of high-altitude projectiles in life is completely equivalent to "other dangerous methods" in Article 114 of the Criminal Law.After the implementation of the "Criminal Law Amendment(11)" in 2021,the crime of high-altitude projectiles was added,and the high-altitude projectile behavior was adjusted from the "crime of endangering public safety" to the chapter of "crime of disturbing public order",and its protection legal interests have changed.,it is no longer the life and property safety of an unspecified majority,but the social public management order.After the high-altitude parabolic behavior is independently convicted,it is necessary to accurately understand and define the meanings of "high-altitude","throwing",and "serious circumstances",which is conducive to the accurate application of high-altitude parabolic crimes and correct conviction and sentencing.In addition,the co-occurrence between the characterization of high-altitude parabolic cases and other crimes is also an important issue that needs to be studied in judicial adjudication.This article will focus on these issues and use the method of case analysis to discuss the problems existing in some cases in judicial practice,hoping to solve some controversial issues in judicial practice..
Keywords/Search Tags:high altitude parabolic crime, Crime of endangering public security by dangerous means, The circumstances are serious, Public safe
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