On Judicial Application Of Crime Of Throwing Objects From Height

With the rapid development of urbanization in China,the number of high-rise residential buildings has increased significantly.Meanwhile,many citizens’ awareness of rules and moral quality have failed to keep up,and the high altitude throwing behavior is frequent and the dangerous degree has sharply increased.The public’s expectation for the state to implement powerful regulation means and the lack of regulation effect of existing civil and administrative means promote the addition of the crime of throwing objects from height in the Amendment of Criminal Law(11).Compared with the previous judicial interpretation and draft,the regulation has made major adjustments.Meanwhile,the regulation is unclear,and there are worries about the excessive expansion of criminal circle in judicial application.This paper aims to sort out the problems in the judicial application of the crime of throwing from height,analyze and solve them based on basic theories,so as to reasonably apply the crime in judicial practice.This paper is divided into four parts.The first part is this crime of judicial application of existing problems.Through the statistics and analysis of typical cases and existing case,the problems existing in the judicial practice are included the boundary of the crime of endangering public security with dangerous method is fuzzy,the subjective responsibility cognizance is controversial,structural differences between standard understanding.The second to the fourth part respectively analyzes these problems.The second part is about the connotation of legal interest and its criminal attribute of the crime of throwing objects from height.First of all,the legal interests of the public order of the crime actually protects double legal interests.The distinction between public order and public security is that the fundamental difference lies in the different degree of infringement of legal interests.Secondly,it analyzes the criminal attribute of throwing from height.According to the theoretical analysis of dangerous crime,this crime should be specific dangerous crime.On this basis,the crime of throwing from high altitude is distinguished from the crime of endangering public security by dangerous means.The third part is the determination of subjective responsibility for the crime of throwing objects from height.Firstly,the connotation of the subjective crime of throwing from height is clarified,including the possibility of the dangerous result and the intention to carry out the act.At the same time,the actor’s subjective target should not be specific.The difference between the crime of throwing objects from high altitude and the crime of picking quarrels and provoking troubles is analyzed here.On this basis,further discussion is made on the determination standard of subjective responsibility for the real harm result caused by high altitude parabolic objects.It is necessary to carefully consider what kind of result the doer has knowledge of and the possibility of knowing the real harm result.The fourth part is the constitutive criterion of high altitude throwing crime,mainly discusses the understanding and application of the key elements of the crime,namely "serious plot".The criterion of crime quantity mainly examines the objective degree of infringement of legal interests and takes into account the subjective factors of the doer.Specifically to this crime,"serious plot" objectively to examine the impact of the behavior itself,the location of the projectile and the specific situation of the projectile landing point.At the same time,according to the relationship between action and punishment,there is a high altitude throwing behavior with the same crime quality and low crime amount,and the crime amount is accumulated because of multiple behaviors,and subjective factors are adopted,which is upgraded from illegal behavior to crime.This situation includes three incriminating circumstances.