Research On Difficult Problems Of High-altitude Projectile Crime

The Amendment(11)to the Criminal Law of the People’s Republic of China adds the crime of high-altitude projectiles.At present,the Supreme People’s Court has not yet issued corresponding judicial interpretations to supplement and explain in detail the criminal composition of this crime.In view of the abstract nature of the crime,in order to ensure the accuracy of the identification of the crime of high-altitude projectiles,it is urgent to conduct in-depth exploration and analysis of the constituent elements of the crime.The crime of throwing objects at high altitude is defined as the crime of disturbing public order under the crime of impairing social management order in Chapter VI of the Criminal Law.From the perspective of the systematic order of the crime,it is excluded that the protection of legal interests of the crime is public safety,personal safety,property safety,focusing on the protection of personal legal interests in public order and public place order.Then distinguish the concepts of “society”,“public” and “public order”.The legal interest of the crime should be public order.The crime of throwing objects from high altitude is a crime of disrupting public order,which is stipulated in Chapter 6 of the Criminal Law as the crime of obstructing social management order.From the perspective of the systematic order of this crime,it can be ruled out that protecting legal interests is public safety,personal safety,property safety,and other legal interests.From the differentiation of concepts such as "society","public",and "public order",it is excluded that the focus is on protecting the personal legal interests in public order,as well as the views that social management order,social public order,and public place order are the legal interests of this crime.The protection of legal interests in this crime should be public order.The element of responsibility for the crime of high-altitude projectiles should be criminal intent,not criminal negligence.Intentional behavior is the intention of the perpetrator,the result intention is the intention of the result,the crime of high-altitude projectile is the actual crime,and only the result intentionality is discussed.Consequence intentionality includes both the intentional act of throwing objects at height and the intention of the perpetrator to actually infringe on public order by committing the act,but the provisions on intentionality in China’s Criminal Law refer to the subjective attitude towards the result caused by the act.In order to adhere to the requirements of the principle of legality of crime,the intention of the crime of high-altitude projectile can only be the intention of the act leading to the result,and in order not to omit punishment,the intentionality of the act can be considered as a sentencing factor.The form of fault for the crime of throwing objects from high altitude should be criminal intent,not criminal negligence.Behavioral intent is the intent of the perpetrator,while consequential intent is the intent of the perpetrator.As the crime of throwing objects from high altitude is a real harm offense,only consequential intent is discussed.Consequential intention includes both the intention to commit high-altitude throwing behavior and the intention to actually violate public order by the perpetrator.Although the provisions of the Criminal Law of China on intention refer to the subjective attitude towards the results caused by the behavior,the intention to conduct has already been included in the result intention caused by the behavior,which is the foundation and premise of consequential intention.This understanding does not violate the principle of legality for crimes and punishments.The second description of the crime of throwing objects at high altitude shows the relationship between this crime and other crimes.If the act of throwing objects from a high altitude violates the crime of A and the crime of B at the same time,and there is no inevitability of the violation between the two,it is the imaginative joinder of offenses,and the imaginative joinder of offenses is established,while the illegal joinder of offenses.If high-altitude throwing is used as a means to achieve a specific criminal purpose,it means that the means constitute the crime of high-altitude throwing,and the purpose constitutes other crimes.The two have an implicated relationship and constitute an implicated crime.Article 291 bis,paragraph 2,of the Criminal Code presents the relationship between the crime of projectiles at height and other crimes.If a high-altitude projectile itself violates crime A and crime B,and there is no inevitability of violation between the two,it is an imaginary competition relationship,which establishes an imaginary competition offender and an illegal article competing offender.If a high-altitude projectile is used as a means act to achieve a specific criminal purpose,it means that the means act constitutes the crime of high-altitude projectile,and the purpose act constitutes another crime,and the two are implicated and constitute an implicated offender.