Research On Judicial Determination Of Parabolic Crime At High Altitude

In order to more effectively protect the people’s "overhead safety",the crime of throwing objects at high altitude was first established in the Criminal Law Amendment(11).The introduction of this new crime reflects the positive response of criminal justice to the frequent high-altitude parabolic behavior and the people’s legislative appeal,which is conducive to stopping and preventing the occurrence of high-altitude parabolic behavior and providing the most effective and fundamental legal guarantee for the people’s life and property safety.However,whether in the Criminal Law Amendment(XI)or the Opinions on Properly Hearing and Handling Parabolic Objects from High Altitude according to Law,the provisions on the conviction and sentencing of parabolic objects from High Altitude are not described in detail,which is ambiguous to some extent,leading to the ambiguity in the determination of the case when judicial personnel apply the crime.At the same time,as a new crime,the crime of throwing objects at high altitude is easily confused with some crimes with similar constitutive requirements,such as the crime of endangering public security by dangerous methods and causing troubles.It is necessary to distinguish this crime from that crime through comparative analysis.Finally,the situation of high-altitude parabolic behavior is changeable,and the behavior of the actor in different time,place and mentality will produce different identification results,which need to be analyzed in detail according to different situations.Therefore,through the analysis of specific cases,this paper puts forward the specific problems in the identification of the crime of throwing objects at high altitude,and studies and discusses the suggestions for perfecting the crime,in order to provide a reference for the perfection of the crime of throwing objects at high altitude.The writing of this article consists of the following five parts:The first part is the introduction.This paper analyzes the research background and significance of the high-altitude parabolic crime,systematically summarizes and summarizes the academic viewpoints arising from some controversial issues,and summarizes the theoretical basis of the crime as a whole.The second part is typical cases and legal analysis.Through several typical highaltitude parabolic cases selected in the judgment document network,the basic cases are summarized respectively,and the application problems of charges reflected in each case are summarized through legal analysis.The third part is legal analysis.Firstly,the protection benefits of the high-altitude parabolic crime are clarified.Secondly,the three main characteristics of the highaltitude parabolic behavior are analyzed.Finally,the basic legal concepts such as "high altitude" and "parabolic" appearing in the high-altitude parabolic crime are discussed,and each constituent element of the high-altitude parabolic crime is accurately defined.The fourth part is to ask questions.According to the previous case review and legal analysis,three problems in the application of the crime of throwing objects at high altitude are pointed out: the standard of "serious circumstances" is not clear,the boundaries of similar crimes are not clear,and the application of crimes is not standardized.The fifth part is to put forward suggestions,and put forward corresponding suggestions to improve the above problems respectively.It is divided into three aspects:first,to clarify the "serious circumstances" for the introduction of judicial interpretation;Second,correctly distinguish the boundaries of similar crimes;The third is to standardize the application of the crime of throwing objects at high altitude by issuing relevant judicial explanations and guiding cases and attaching importance to the reasoning work of identifying the crime of throwing objects at high altitude.The sixth part is the conclusion.Summarize and summarize all the contents of this paper,further clarify the problems that need to be clarified in the process of judicial determination of the crime of throwing objects at high altitude,and put forward some ideas for improving the legal provisions of throwing objects at high altitude.