Determination Of "Serious Circumstances" In The Crime Of Throwing Objects From High Altitude

With the continuous development of the economy and society,residential buildings are also getting higher and higher,and the problem of high-altitude parabolic is also becoming more and more obvious.The resulting high-altitude parabolic crime is also becoming more diverse and serious.If it is simply included in the field of civil sanctions in practice,or if it is lightly criticized orally,it may not be able to effectively curb the occurrence of such acts.At this very moment,the Criminal Law Amendment(11)of the People’s Republic of China in 2020 added the crime of throwing objects at high altitude.Incorporate the serious circumstances into the legal provisions of this crime,criminalize the act of throwing objects at high altitude,further strengthen the fight against the act of throwing objects at high altitude and increase the criminal cost of the perpetrators.However,this also led to the determination of the seriousness of the crime.From the perspective of the provisions of the law,serious circumstances are the necessary conditions for the establishment of this crime and have the function of distinguishing between crime and non-crime.However,there is still a lack of clear standards and relevant provisions for the determination of serious circumstances,which to a large extent leads to the emergence of the problem of different judgments in the same case.Although the occurrence of high-altitude parabolic act is more and more common,in practice,the specific meaning of the serious circumstances of the high-altitude parabolic act is often based on the judge’s free evaluation of evidence,which leads to the phenomenon of different judgments in the same case from time to time.However,the problem of determining the seriousness of the plot of this crime does exist objectively and has attracted public attention.The difficulty in determining the seriousness of the circumstances in the crime of throwing objects at high altitude is mainly subject to multiple factors,such as the ambiguity of the determination criteria,the diversity of manifestations,the divergence of theoretical views,the differentiation of regional criminalization and the diversity of judicial practice.The existence of these dilemmas is related to the disconnection between theory and practice between scholars and judicial practitioners.Therefore,the determination of serious circumstances cannot be suspended because of the above-mentioned dilemmas.It is urgent to clarify the determination criteria for serious circumstances of this crime.It is particularly important to put forward a clear definition of the scope of the "serious circumstances" of this crime.It is particularly important to analyze the main identification issues of the serious circumstances of the crime of throwing objects at high altitude,including the accurate understanding and definition of the meaning of the elements of the serious effects of the crime of throwing objects at high altitude,such as "high altitude","throwing objects","place" and so on.To determine the seriousness of the crime,a reasonable limitation should be made in terms of the nature of the parabolic act,the degree of danger,the harmful consequences,the personal danger and the protection of legal interests.It proposes to standardize the types of serious circumstances of this crime,classify the common situation of serious circumstances,and avoid the presumption of similar crimes.Analyze the qualitative problem of the serious circumstances of the crime of throwing objects at high altitude.If it causes other serious consequences,it shall be convicted and punished according to other crimes;If it does not meet the constitutive requirements of other crimes,but meets the serious circumstances of this crime,it should be recognized as the crime of throwing objects at high altitude.It is proposed to distinguish the situation of other acts under the guise of this crime,avoid the crime of trespassing at will,protect legal interests,protect human rights,and promote the precise application of this crime.In short,in the case of serious circumstances,the specific content should be discussed from both subjective and objective perspectives.It is hoped that the judicial interpretation will be issued as soon as possible to clarify it,and the applicable standards of judicial adjudication should also be clarified.Adhere to the principle of modesty and restraint as the purpose,adhere to the principle of prudent criminalization,and issue guidance cases as a reference to unify the penalty discretion.