Study On The Case Of Criminal Liability Of High-rise Littering

The crime of high-rise littering is a miscellaneous provision of criminal liability for high-rise littering.Only with serious circumstances can criminal liability be investigated for high-rise littering.From the perspective of legislative purposes and protecting legal interests,the crime of high-rise littering is an abstract dangerous crime.Abstract dangerous crime may lead to the expansion of punishment and damage to personal freedom.Therefore,the determination of the incriminate standard of the crime of high-rise littering must be cautious.Based on the function of interpretation theory of legal interests,the interpretation for serious circumstances shall focus on the protected legal interests and make an overall evaluation from the standpoint of the act.The act of high-rise littering should be considered in relation to the legal interest of personal safety.Only an act of high-rise littering that has an abstract danger of causing personal injury or death is criminally punishable.How to distinguish the concurrent crime of high-rise littering crime.Only if the high-rise littering behavior meets the equivalence of dangerous methods and endangers public safety at the same time,it will constitute the crime of endangering public safety with dangerous method.For high-rise littering behavior that infringes on personal legal interests,we should carefully evaluate the criminal attributes of the act and correctly apply the accusation in combination with the dangers of high-rise littering activities,the consequences of the damage and the specific forms of subjective guilt.In the specific identification of high-rise littering behavior,we should pay attention to using the rule of imaginative concurrence to deal with the activities of high-rise littering which may infringe upon various legal interests.When it is difficult to determine the qualitative nature of cases according to the concurrence theory,we can try to start from the perspective of the appropriateness of punishment of the concept of giving sentence by the statutory penalty.We should consider the allocation of statutory punishment in the frame of legally prescribed punishment for a specified crime,and explain the constitutive requirements of crime through the severity of statutory punishment.On the retroactive effect of the provisions on the crime of high-rise littering.According to the principle of the old and light,before the Eleventh Amendment to Criminal Law came into force,if the act of high-rise littering has not been tried or the judgment is not decided,there are only two outcomes,either the offender is not guilty,or the offender is punished according to other felonies.There is no possibility of applying the crime of high-rise littering.