Research On The Difficult Issues Of The Crime Of Throwing Objects From High Altitude

Public order is related to the order and stability of people’s lives,and to people’s growing yearning for a better life.However,the number of high-rise buildings in the city is increasing day by day,and the phenomenon of parabolic objects at high altitude has been repeatedly banned.With the implementation of the Criminal Law Amendment(11th),the application of the crime of throwing objects at high altitude has become a key issue in theory and practice.In order to punish crimes and protect human rights,it is particularly important to correctly apply the crime of throwing objects at high altitude.Therefore,through the empirical analysis of the precedent of high-altitude parabolic crime,this paper finds the difficult problems in the application of this crime,and studies the problems one by one and puts forward my own views.This paper is divided into five parts.The first part is the part of asking questions.Through the empirical analysis of the precedent of throwing objects at high altitude,this paper affirms the significance of the establishment of this crime and finds that there are the following difficult problems in the application of this crime: inconsistent understanding of this crime’s infringement of legal interests,unclear criteria for the determination of throwing objects at high altitude,no specific criteria for the determination of this crime’s "serious circumstances",and divergent understanding of the provisions of paragraph 2 of Article 291 bis.The second part discusses the infringement of legal interests of the crime of throwing objects at high altitude.First of all,through empirical analysis and theoretical analysis,this paper sorts out and comments on different views on the infringement of legal interests of this crime.On this basis,according to the interpretation of similar object standards and public order,it is proposed that the infringement of legal interests of this crime should be social public order.Although high-altitude parabolic behavior often causes certain personal and property rights damage,it belongs to random object,and random object does not affect the nature of crime.The third part discusses the parabolic behavior at high altitude,aiming at providing the basis for the classification of this crime.Taking the interpretation of the meanings of "building","other high altitude","throwing" and "articles" as a logical starting point,and combining theoretical viewpoints and practical cases,this paper further puts forward the corresponding identification standards.The fourth part discusses the "serious circumstances" of this crime.First of all,it is clear that the legal value of "serious circumstances" in this crime is an element of conviction;Secondly,the identification rule of "serious circumstances" must comprehensively consider the illegality of objective behavior and the illegality of subjective actor;Finally,the specific criteria for determining "serious circumstances" are put forward,including throwing objects from high altitude for many times,throwing sharp or heavy objects and other specific situations.The fifth part discusses the application of the second paragraph of Article 291 bis of the Criminal Law.In legal nature,the second paragraph should belong to the stipulation of imaginative joinder of throwing objects at high altitude.Although the crime of throwing objects at high altitude is established,throwing objects at high altitude can still constitute other crimes according to the different infringement of legal interests,so as to be convicted and punished for the crimes with heavier punishment.Therefore,this part mainly discusses the application of paragraph 2 to parabolic behavior at high altitude.