Judicial Determination Of High-altitude Projectile Crime

The crime of high-altitude projectiles was officially included in the Eleventh Amendment to the Criminal Law,which not only adapts to the objective requirements of the development of the times,but also improves the legal governance system and improves the ability to deal with cases related to "high-altitude projectiles".This has a legal basis in both criminal policy and criminal law theory,and has positive practical significance.However,with the promulgation and implementation of the crime of high-altitude projectiles,it has brought some problems to the judicial determination of this crime.Before the introduction of this crime,a large number of high-altitude projectile acts were found to be dangerous methods to endanger public safety,resulting in some misdemeanors and heavy sentences.It can be seen that the addition of the crime of high-altitude projectiles has a certain necessity and is conducive to alleviating judicial pressure.However,the design of this provision has not been clear on how to analyze and understand the legal interests protected by the crime of throwing objects from heights,how to interpret and determine the "high altitude","objects" and "serious circumstances",In addition,there has been controversy over how to deal with the competing relationships of other crimes of this crime in judicial practice.Therefore,this article will analyze the above problems through typical cases,and explore whether high-altitude projectile behavior can be included and under what circumstances it can be included in the scope of this crime.For the newly created crime of high-altitude projectiles,this paper also discusses the understanding and application of this crime in combination with the legal interests infringed by the acts,and studies the judicial application of high-altitude projectile crimes and related crimes according to the theory of imaginary co-conspirators,and systematically discusses the qualitative issues of high-altitude projectile behavior.The criminal and legal system of high-altitude projectile acts shall uphold the principles of type and systematization: for high-altitude projectile acts that endanger public safety,the crime of endangering public safety by dangerous means should be investigated in accordance with law;for acts of high-altitude projectiles that only cause personal or property damage to specific or a small number of people,a more in-depth and detailed analysis should be conducted in combination with objective acts and subjective forms of crime,and shall be determined as a crime of infringing personal rights or infringing property in accordance with law;for high-altitude projectile acts with serious circumstances and disturbing public order,It is lawfully determined to be the crime of throwing objects from a high altitude or the crime of picking quarrels and provoking trouble.When the same act commits a more serious crime,the theory of co-conspirators shall be applied.For high-altitude projectile behaviors that are minor and have not yet reached the scope of criminal punishment,they are found to be innocent in accordance with law.