Research On The Controversial Issues Of Criminal Regulation Of High-altitude Parabolic Crime

High altitude parabolic behavior lead to infringement cases have already,but as the population to urban concentration,high-rise residential diffusion,the problem worse and difficult to effective prevention and control.The 11 th Amendment to the Criminal Law,which came into effect on March 1,2021,added the crime of high-altitude parabolic.Thus,the case of high-altitude parabolic is no longer regulated according to other existing charges.After the crime of high-altitude parabolic is independent,the author identifies the “high altitude” and“parabolic” in the crime of high-altitude parabolic and analyzes the reasons for setting up the crime of high-altitude parabolic.At the same time,according to the provisions of the criminal law,the viewpoints of the criminal law circle and the judgment of the court in the judicial practice,the author analyzes the existing disputes in the regulation of high-altitude parabolic,and puts forward the reasonable treatment ideas.The first part identifies,classifies and analyzes the reasons for setting up the crime of high-altitude parabolic.Specifically,it includes the identification of “high altitude” and “parabolic object”.On this basis,it distinguishes between high altitude parabolic and falling object.According to the different legal interests,the types of high-altitude parabolic crimes are reasonably classified into three types: high-altitude parabolic crimes that infringe on public security,high-altitude parabolic crimes that disturb public order,and high-altitude parabolic crimes that infringe on personal rights and interests.By analyzing the reasons for setting the crime of high-altitude parabolic,the theoretical basis of independent crime is in line with the concept of active prevention of criminal law,and is also the need to improve the criminal law system of specific charges.The practical basis is that it can effectively deal with the frequent cases of high-altitude parabolic,and is also the need to correct the criminal judicial errors and prevent the heavy sentence of misdemeanors.The second part analyzes the controversial issues of the criminal law regulation of the high-altitude parabolic crime.Specifically,it includes the analysis of the interests of the protection law,the nature of danger,“serious circumstances”,the charges involved,and the disputes over the application of the old and new criminal laws.The third part puts forward reasonable handling ideas for the disputes over the above criminal law regulations,including: For the protection law interests of the crime of high-altitude parabolic,it should be considered as compound legal interests that give consideration to public security and public order,and prioritize the social legal interests to be restored to personal legal interests;As for the dangerous nature of the crime of high-altitude parabolic,it should be treated as a dangerous crime,and in the dangerous crime,it is a specific dangerous crime.To deal with the“serious circumstances”of the crime of high-altitude parabolic,the“serious circumstances”should be interpreted in a restrictive way,and there should be specific standards and contents.To deal with the controversial issue of the charges involved in the high-altitude parabolic crime,the charges involved should be identified according to three types of high-altitude parabolic crime.In dealing with disputes over the application of the old law and the new law,the principle of“the old law and the light law”should be correctly applied.