Research On The Criminal Law Regulation Of Throwing Objects From High Place

Parabolic behavior at high altitude is a new problem appearing with the development of society.The past general regulations of our country can no longer regulate the behavior of parabolic behavior at high altitude or limit the social harm it brings.Adding the crime of throwing objects at high altitude in the newly revised criminal law is the active response of criminal legislation to the crime of throwing objects at high altitude and is also an important means to prevent and deter the occurrence of illegal acts.The establishment of the crime of throwing objects at high altitude aims to protect the legal interests of social public order,and is conducive to making up for the deficiencies of civil law in the regulation of throwing objects at high altitude.It is the embodiment of the active criminal law concept,and the intervention of criminal law is appropriate.After the completion of the legislation,the details of the constitutive elements of the crime of throwing objects at high altitude should be perfected."Throwing objects at high altitude" should be understood as the behavior of throwing objects at a height of 2 meters or more away from the datum plane,and the perpetrator is subjective and intentional.In the judicial practice,the judicial organ should make a comprehensive judgment according to the environmental events and other factors,and distinguish the competition and cooperation between the crime of throwing objects at high altitude and other crimes.The "serious circumstances" in the judgment of the crime of throwing objects at high altitude should be judged according to the lethality of the thrown objects,the number of throwing objects,the field of behavior and the actual consequences caused by it.In the current criminal law regulation,it is necessary to further clarify the liability path of the connection between the crime and the people of throwing objects at high altitude,appropriately enhance the legal punishment,construct the comprehensive governance mode of punishment,the people and the administration,strive for the unification of theory and practice,and guarantee the same result of the same case,so as to build a more perfect governance system of throwing objects at high altitude.