Research On The Predicament And Countermeasures Of The Judicial Application Of Throwing Objects From A Height And Countermeasures

With the accelerated urbanisation in China,the phenomenon of throwing objects from a height is a frequent occurrence.In previous judicial proceedings,the act of throwing objects from a height was usually recognised as a crime of endangering public safety by dangerous means.Amendment(XI)to the Criminal Law establishes the offence of throwing objects from a height as a separate category of offence,thus laying the legal basis for criminal prosecution and punishment of those who commit such acts.Despite the establishment of the offence of throwing objects from a height as a separate offence,the imperfection of the legislation has created practical difficulties that have prevented the fair application of the offence.In view of the current situation,the purpose of this article is to analyse a sample of jurisprudence,identify problems in the judicial application of the offence of throwing objects from a height,analyse the causes and make realistic recommendations.Apart from the introduction,the whole article is divided into four parts.This section provides a comprehensive analysis of the practical application of the offense of throwing lines from height in judicial proceedings.It summarizes the offense’s developmental stages and distinctive features based on judicial practice.In this article we will analyse court documents in jurisprudence,starting with a general analysis of the application of criminal law to the crime of throwing objects from a height.In terms of legal proceedings,the act of hurling items from an elevated location has been classified into three distinct stages,as per the given argument :Before the Opinions on the Proper Trial of Cases of Throwing and Falling Objects from a Height in accordance with the Law were issued,after their promulgation,and following the Amendment(XI)to the Criminal Law.After dividing the timeline into stages,we analyzed the two stages leading up to the promulgation of Amendment XI to the Criminal Law.We identified problems that were present in judicial practice during these stages.However,we found that the offence of throwing objects from a height has partially resolved these issues.Therefore,we recommend the establishment of an independent offence to address these problems comprehensively.It then draws out the generalisation of the application of the offence of throwing objects from height by analysing and summarising the current state of application of the offence in terms of its criminal,subjective and objective aspects.In the second part,After a review of the current situation of the crime of throwing objects from a height in jurisprudence,the following is a summary of the problems encountered in the judicial application of the crime of throwing objects from a height in four main aspects.The current understanding of the crime of throwing objects from a height is rather vague.Following the promulgation of the XI Amendment to the Criminal Law,the courts have generally acknowledged the offense of throwing objects from a height when adjudicating cases.they considered that throwing objects from a height would cause damage to the public order of society,but in fact,some cases were still controversial.Secondly,the subjective element of the crime of throwing objects from a height has not been sufficiently analyzed.In judicial practice,the subjective side of the crime is often ignored,and only the objective side is convicted.Thirdly,there is no objective standard.The facts relating to the offence of throwing objects from a height lacked standards and the circumstances were serious.Fourthly,the boundary between the offence of throwing objects from height and other offences is not clear.The boundaries between the offence of throwing objects from height and offences against public security and the security of personal property are unclear.Part three analyses the causes of the four problems raised in Part two.The reason for the vague perception of the object of protection is the vague positioning of the object of the offence of throwing objects from a height.The subjective element is inadequate because the scope of the offence of throwing things from a height is unclear as to its purpose.The objective element of the throwing objects from a height offense is deemed inadequate due to its classification as a crime of aggravating circumstances,an abstract crime of danger,and the ambiguous criteria used to determine what constitutes as "aggravating circumstances.The co-existence of the offence of throwing objects from a height with other offences is explored in terms of the implementation of the imaginative co-existence clause.Part four is the main body of this paper,The main purpose of this paper is to provide a comprehensive analysis of the crime of throwing objects from a height,its judicial application,and to propose viable solutions to the issue at hand.The first step in the substantive interpretation involves a dialectical analysis of the object of the crime of throwing objects from a height.This paper highlights that the act of throwing objects from a height constitutes a severe threat to social order and adversely affects the interests of an unknown number of individuals.then the constituent elements of the offence are explained.In the objective aspect,the criteria for determining the relevant factual elements should be clarified,and the circumstances should be carefully divided into incriminating circumstances and aggravating circumstances.In the subjective aspect,It has been explicitly stated that the criminal intent behind the crime of throwing objects from a height focuses on the intent to act,not the intent to cause a particular result.finally,according to the classification of the offence of throwing objects from a height to endanger an unspecified minority,the combination of this offence with other offences is divided into three situations and solutions are proposed respectively.To address the universal application of the crime of throwing objects from a height in current justice,it is necessary to consider the subjective and objective elements of the crime and to clarify the type of object involved in the crime.