An Empirical Study On The Judicial Application Of The High-Altitude Parabolic Offence

In recent years,the safety risk caused by high-altitude projectile incidents has attracted great attention from all walks of life.In order to respond positively to the major concerns of the public and increase the punishment of the high-altitude parabolic behavior,the criminal law amendment(11)added the high-altitude parabolic offence and officially brought the high-altitude parabolic behavior into the scope of criminal law regulation.The legislative amendments provide institutional safeguards for judicial application,but judiciary discretion is excessive due to overly general provisions and the lack of relevant judicial interpretation and guidance cases,based on the different understanding of the constitutive elements of the offence,the phenomenon of different judgments in the same case occurs from time to time.This paper analyzes the present situation and characteristics of the judicial application of the high-altitude parabolic offence in China by arranging the criminal judgment documents of the high-altitude parabolic offence,and then analyzes the doubtful and difficult points of this offence in the judicial application combined with concrete cases,and put forward countermeasures and suggestions.This article is divided into four parts:The first part is the basic outline of the high-altitude parabolic offence.Taking the legislative evolution and legislative significance of the high-altitude parabolic offence as the breakthrough point,this paper expounds the legislative provisions of our country on the high-altitude parabolic offence at different stages and the significance of sentencing this offence.The second part is the investigation of the status quo of judicial application of the high-altitude parabolic offence.This paper analyzes the existing 136 cases of high-altitude parabolic criminal judgment documents,analyzes the high-altitude parabolic offence in the trial practice,summarizes the status quo of judicial practice of this offence.The third part is the problems and reasons in the judicial application of the high-altitude parabolic offence.It concludes that there are some practical problems in the judicial application of the high-altitude parabolic offence,such as unclear cognizance in the objective aspect,insufficient consideration in the subjective aspect,indistinct boundary with the relevant charges,improper retroactivity of the high-altitude parabolic offence,etc.,this paper briefly states the causes of the difficult judicial application of this offence,including the ambiguity of the legal provisions,the abstract nature of the protection of legal interests,and the deviation of the principle of legality.The fourth part is the judicial application of high-altitude parabolic offence countermeasures.In view of the problems existing in the judicial application of the high-altitude parabolic offence,some countermeasures and suggestions are put forward,such as clarifying the objective elements,paying attention to the subjective considerations,defining the boundary with the related crimes,and dealing with the retroactivity of the high-altitude parabolic offence correctly.