Analysis Of Criminal Liability For Parabolic Acts At High Altitude

Throughout the recent high-altitude parabolic cases,its danger and serious harm is self-evident.In our country,for a long time,the parabolic behavior at high altitude is regulated mainly through the tort liability in civil law.However,in recent years,because of the rapid growth of parabolic cases at high altitude,the consequences are very bad.If the relevant provisions of civil law continue to be invoked to punish parabolic cases at high altitude,it will implicate innocent people,and it is unfair that those who actually throw objects from high altitude will not be punished.Therefore,the cry of parabolic punishment is getting stronger and stronger.In 2019,the Supreme people’s Court issued the "Opinions on properly hearing cases of parabolic and falling objects at high altitude according to law ".The judicial interpretation incorporated parabolic acts at high altitude into the crime of endangering public safety by dangerous methods,which provided some guidance for practical cases,but the application of also caused great controversy.Later,in the course of the formulation of the Criminal Law Amendment(11),the legislature also twice regulated and revised the characterization of parabolic acts at high altitude in the draft,and the final amendment(11)of the Criminal Law classified parabolic acts at high altitude into the crime of disturbing public order.So,what kind of criminal responsibility should be borne by parabolic behavior at high altitude and how to apply it between new and old crimes become the problem we need to study.This paper is divided into four chapters.The first chapter briefly describes the serious harm caused by parabolic behavior at high altitude,as well as the relevant legal provisions on the regulation of this behavior.And leads to the question of this paper:what kind of criminal responsibility should be borne by parabolic behavior and how to apply between new and old charges.The second chapter,through the collection of relevant cases in judicial practice,finds out the problems existing in different courts in the determination of crimes,such as the different criteria for the determination of harm results,the different subjective mentality,and the inconsistent application of the judgment of the crime of endangering public safety by dangerous methods.These problems in judicial practice require the legislature to clarify the nature of parabolic cases at high altitude,so as to avoid the problem of different judgments of the same case.The third chapter summarizes the legislative process of high-altitude parabolic behavior into the criminal law,on the new and old crimes should be applied between the problem,put forward that should no longer apply judicial interpretation,but should apply the Criminal Law Amendment(11)before or after the promulgation of the criminal law.For the criminal responsibility of the perpetrator of parabolic cases at high altitude,according to the actual situation,it may constitute the crime of intentional injury,intentional homicide,negligence causing serious injury,negligence causing death,disturbing public order,major liability accident,intentional destruction of property and so on.The fourth chapter focuses on the relationship between the Criminal Law Amendment(11)and the old judicial interpretation.After analyzing the objective and subjective aspects of the crime of endangering public safety by dangerous methods(public,security,other dangerous methods),it is concluded that after the new crime of parabolic at high altitude comes out,there is usually no competing relationship between the two crimes,and only in some special cases can the crime of endangering public safety by dangerous methods be applied.These special cases mainly refer to the high altitude parabolic in crowded places and throw a large number of items or throw explosive and other items that can cause great harm,except that the new charges stipulated in the Criminal Law Amendment(11)should be convicted and sentenced.