Research On Judicial Application Of The Crime Of Throwing Objects From Height

In the absence of a clearnormative basis,the early civil and criminal laws on the regulation of throwingobjects from height have problems of judicial application,such as the analogy and application of the common dangerous behavior theory,and the expansion of the interpretation of dangerous methods,and the effect of restraining the throwing objects from height phenomenon is not obvious.In order to combat and prevent the crimes of throwing objects from height,the Criminal Law Amendment(11)adds throwing objects from height crime,and implements the early and pre-regulated regulation of throwing objects from height behaviors to achieve the legislative purpose of general prevention.The attitude of legislators is focusing on preventionof crimes.The legal interest protected by this accusation is public order rather than public safety.Acts infringing on public order are formally not abiding by the common social rules of conduct,and in essence,they may cause harm to others.The nature of the throwing objects from height criminal behavior is a specific dangerous offense rather than an abstract dangerous offense.It is necessary to make a concrete judgment on whether the behavior has the actual danger of infringing on the public order.The nature of the crime is a misdemeanor,and the legal evaluation of throwing objects from height behavior is strictly denied,but the punishment is light and the sentencing is lightened.In order to accurately identify and apply the new crime of throwing objects from height,the connotation and scope of "high-altitude","throwing","objects","serious circumstances" and "criminal intention" are analyzed from the nature of harm.High altitude is the vertical distance where the drop is more than 2 meters and gravity can play an energizing role in the process of falling objects;throwing is the behavior of the actor actively and deliberately throwing;it has a certain weight and can be converted into kinetic energy under the influence of gravity,items that may cause personal and property damage can be considered as the object of this crime;according to the time and place of the crime,the means and methods,the motive of the crime,the specific object of the crime,the consequences of the behavior and other specific circumstances,comprehensively judge whether it is a crime against the personal property of others.Caused specific and realistic danger,whether it violated public order,reached the level of "serious circumstances",and prevented the improper criminalization of illegal acts with general circumstances,resulting in abuse of the crime and expansion of the scope of punishment;the form of guilt is limited to general intention,excluding negligence.Accurately distinguish the crime of throwing objects from height from other crimes such as endangering public safety by dangerous methods,intentional homicide,intentional injury crime,and negligent crime through the subjective and objective aspects of the crime.The danger of throwing objects from height crime is not equivalent to the dangerous method of endangering public safety,and its scope of harm is not specifically focused on the uncertainty of individuals who may suffer damage in the static range,while the non-specificity of the crime of endangering public safety refers to the development and transformation of damage to the majority in the dynamic range.The main difference between the crime of throwing objects from height and the crime of intentional homicide and the crime of intentional injury lies in the difference of cognitive factors.The former is a general intention,and the latter is a clear intention.Civil tort liability focuses on the relief of victims’ losses,and criminal liability focuses on combating serious crimes and preventing crimes.The demarcation between the crime and non-crime of throwing objects from height can be accurately applied to the throwing objects from height crime.The two norms have their own emphasis,importance and order,and jointly protect the "overhead safety" of the people.