Study On Protection Benefits And Judicial Application Of Parabolic Crime From High Altitude

Throwing objects from a height has become a hot topic of social discussion in recent years.The Criminal Law Amendment(XI)Act chose to create the offence of throwing objects from a height to punish the act of throwing objects from a height,but there are obstacles to the application of this offence in practice.In the absence of a judicial interpretation to supplement and provide for the difficulties and points in the judicial application of this offence,it is of practical significance to use an appropriate sample analysis to uncover the problems in judicial practice and provide suggestions for improvement.Based on the analysis of data on the offence of throwing objects from a height,the thesis analyses the judicial application of this offence in China,and seeks to explain the path to the protection of legal interests and the constitutive elements of this offence,and combines it with the second paragraph of the offence of throwing objects from a height to explore the scope of definition with other offences.It also clarifies the boundaries and rules of disposition between the offence of throwing objects from a height and civil wrongs,providing a strong reference for the proper application of the offence of throwing objects from a height.This thesis consists of the following five parts.The first part provides a general overview of the current situation of the application of the crime of throwing objects from a height.This part explores the characteristics of the current application of the crime of throwing objects from a height through the analysis of judicial decisions on the crime of throwing objects from a height,and draws out the problems that exist in the process of application,namely,the ambiguity of the rationale of the constituent elements,the confusion of the criteria of the "aggravating circumstances" element of the crime,and the unclear identification of legal benefits and the criminalization of civil wrongs.The second part defines the legal interests of the crime of throwing objects from a height.The legislative process of the crime of throwing objects from a height reflects the wavering of its protection legal interests,through the analysis of the citizens’ "sense of security",denying public safety as the legal interest intended to be protected by the legislation,denying the public safety hazards of throwing objects from a height,combining the citizens’ "sense of security" with the ultimate attribution of the crime of throwing objects from a height.The ultimate attribution of "security" and the final position of the crime are arranged to determine the legal interest of the crime of throwing objects from a height is public order.On the basis of determining the legal interest,from the concept of preventing the spiritualization of legal interest,we advocate to restore the legal interest to the peaceful and stable state of citizens.Combined with the fact that the infringement of personal legal interests in judicial practice accounts for a relatively large proportion of the results,the personal legal interests are also included in the scope of protection of the crime of throwing things from a height.The third part of the doctrinal analysis of the law of throwing objects from height.This part mainly explains the criteria of the constituent elements,and clarifies the criteria of the objective elements of the offense,such as "high altitude","objects" and "aggravating circumstances".It also discusses the responsibility of the child as the subject of the crime of throwing objects from a height,and discusses the subjective intention of the perpetrator of the crime of throwing objects from a height.The fourth part discusses the application of the second paragraph of the crime of throwing objects from a height.On the basis of clarifying the constituent elements of the crime of throwing objects from a height,the application of this crime is explored by analyzing the competing cases of this crime and other crimes in practice,and accurately defining their boundaries based on the principle of protection of legal interests.The fifth part analyzes the cross-connection of civil and criminal law for the crime of throwing objects from a height.The Civil Code provides for the tort liability of the perpetrators of throwing objects from a height.In the case of competing civil and criminal liability,the rules of civil before criminal should be followed in terms of characterization,and the rules of criminal before civil in terms of procedure.According to "causing damage" and "seriousness of the circumstances" two basis to construct the civil and criminal cross-over processing ladder.