On The Judicial Determination Of The Crime Of Throwing Objectsfrom High Altitude

With the ongoing development of society,urban buildings have become increasingly dense,leading to a rise in incidents involving the throwing of objects from high altitudes.In response,criminal law has taken a strong stance on protecting citizens’ safety by establishing the crime of throwing objects from high altitude.This offense has undergone several revisions,from being classified as endangering public security by dangerous means to becoming an independent and abstract dangerous crime,reflecting the comprehensive considerations of legislators in its establishment.Since its introduction in the Criminal Law Amendment(11),judicial practice has positively responded to the establishment of the crime of throwing objects from high altitude,with over 100 cases recorded nationwide as of March 2021.However,the current description of the crime is overly simplistic,and the behavior type is too narrow.As a result,the intended purpose of the offense is not being fully realized,and a series of judicial application problems have arisen.Through existing judicial cases,it has been found that current judicial practice regarding the crime of throwing objects from high altitude is mainly characterized by the boundary between the offense and the unknown,as well as the confusion between the crime and the sin,due to unclear scope of the elements,lack of a "serious" standard,and failure to clarify the second paragraph of the crime.The constitutive elements of this crime are divided into subjective and objective aspects.In academic circles,the subjective aspect of throwing objects from the sky is considered objective.Therefore,this paper focuses on the objective elements of the crime’s constitutive elements.The key objective behavioral elements of throwing objects from high altitude lie in the "high altitude" and the "objects" involved.For the interpretation of these elements,the crime of law and the method of social management order have inherent ambiguities.Through the construction of the blocking layer method,the paper aims to clarify the scope of the crime’s objective elements,dividing them into two layers: the "prohibited high parabolic" layer of social management order and the "protective" layer of personal and property safety.Based on this,the paper discusses the range of the objective elements of the crime,i.e.,"high" and "objects".The establishment of the "high altitude" range is intended to clarify the lower limit.Through analysis of existing theories,the range of "high altitude" is established as the second floor and above in buildings,and 2.8 meters for non-building reference height.The scope of "objects" is difficult to determine directly but can be restricted through reverse exclusion."Serious circumstances" are the threshold for the crime of throwing objects from high altitude.Before establishing specific standards,we need to clarify the system’s positioning of "serious circumstances." By studying the theory of plot crime in China,this paper believes that "serious circumstances" should belong to the integral evaluation element of the illegal level.After clarifying the theoretical basis,this paper combines the types of "serious circumstances" of the existing charges in the criminal law and the provisions of the judicial interpretation of throwing objects from high altitude to clarify the function of "serious circumstances" to supplement the illegal degree of behavior.Lastly,this paper establishes the standard of "serious circumstances" for this crime by constructing the standard of "serious circumstances" and excluding the situation of "serious circumstances."The second paragraph of the crime of throwing objects from high altitude is about the competition between this crime and related charges.Before the promulgation of the Amendment of the Criminal Law(11),there were cases of criminal regulations,and the act of throwing objects from high altitude can be objectively regarded as other crimes.