Research On The Application Dilemma And Countermeasures Of High-altitude Projectile Crime

In recent years,high-altitude projectile cases have occurred frequently,seriously endangering personal rights and interests,property rights and interests,public safety and public order.In criminal justice practice,most of them are convicted and punished for the crime of throwing objects from height and endangering public safety by dangerous methods,which to a certain extent plays a role in the prevention and control of high-altitude projectiles in the criminal law,but there are still many debatable points in its application.In order to better use criminal means to regulate the crime of high-altitude projectiles and further accurately apply the criminal law on high-altitude projectiles,the article takes the judicial application of high-altitude projectile crimes as the research object,takes the application dilemma of endangering public safety by dangerous methods and the crime of high-altitude projectiles in judicial practice as the problem-oriented,mainly uses empirical analysis research methods to analyze the 154 judgment documents retrieved,focusing on the vague expression of the legal benefit connotation of the crime of endangering public safety by dangerous methods in high-altitude projectile crimes and the unclear specific danger judgment standards.The perpetrators of the crime of throwing objects from high altitudes deliberately make simple subjective determinations and vague determinations of serious circumstances,as well as relatively unbalanced sentencing;Furthermore,we reflected on the causes of the dilemma,and found that the nature of the high-altitude projectile behavior was unclear,and the criminalization of competition led to the conflict of law application affecting the application of the crime.Finally,it is necessary to try to propose a solution to the dilemma from the perspective of hermeneutic theory,clarify the connotation of public safety and the criteria for determining specific dangers,so as to properly apply the crime of endangering public safety by dangerous methods;Clarify the determination of the subjective intent of the perpetrator in the crime of high-altitude projectile,and determine that the circumstances such as causing property damage of more than 3,000 yuan,causing minor injuries to personnel,and committing high-altitude projectiles more than 3 times are considered to be serious circumstances,thereby limiting the scope of application of the crime;The application of sentencing circumstances should be regulated from three aspects: clarifying the circumstances of the sentence,the motives for different crimes should be different at the time of sentencing,and the number and nature of the sentencing circumstances should be distinguished when applied.