Definition Of Throw Objects From Heights In Science Of Criminal Law

In recent years,the social harm caused by act of high toss to social peace and security has become increasingly prominent.Civil sanctions are difficult to effectively curb such behaviors,and it is inherently legitimate to include them in the scope of criminal laws and regulations.The criminal law definition of act of high toss has been controversial,including violations and crimes,applicable crimes and so on.The existence of different judgments in the same case in judicial practice leads to inconsistencies in the judiciary,thus failing to deter.On November 14,2019,the Supreme People’s Court issued the "Opinions on Properly Trial of Cases of Throwing Objects and Falling Objects from Heights"(hereinafter referred to as the "Opinions"),which is of great significance for unifying judicial determination.On December 26,2020,the Twenty-Fourth Meeting of the Standing Committee of the 13 th National People’s Congress voted to pass the "Amendment(Ⅺ)to the Criminal Law",which resulted in the crime of throwing objects at height.However,there are still shortcomings: the "Opinions" only emphasizes the need to accurately judge the nature of the behavior based on the perpetrator s motives,the throwing place,the situation of the throwing and the consequences,and the correct application of the crime.In this case,the high-altitude throwing behavior did not make specific provisions.Violated the principle of legal punishment.In terms of sentencing,severe penalties are imposed on repeatedly committed high toss behaviors and other serious circumstances,and no specific regulations are made on the number and time limit of repeated times and the nature of other serious circumstances,leading to There are many phenomena of different judgments in the same case.At the same time,the "Amendment(Ⅺ)to the Criminal Law " is unclear about the "serious circumstances" in the crime of throwing objects at height,blurring the boundaries between administrative violations and criminal offenses.After the "Opinions" and the "Amendment(Ⅺ)to the Criminal Law " were promulgated,there are still the following issues to be resolved: what are the circumstances in which the high-altitude throwing behavior constitutes a crime,how to correctly identify administrative violations and criminal penalties,and how to distinguish between crime and non-criminal;Avoid excessive application of the crime of endangering public safety by dangerous methods,correctly distinguish this crime from the other crime,and realize the accurate application of the crime;"Other serious circumstances" whether to consider the position of the throwing object,the object’s quality,hardness,volume and other technical certification content.This article is divided into five parts,which are as follows: First,this article introduces the background of the topic.Secondly,this article briefly introduces the concept of act of high toss,which helps to better identify act of high toss.Then,it analyzes the problems existing in the criminal law definition of throwing at heights.The convictions include failure to accurately distinguish between administrative violations and criminal crimes,inconsistent application of charges in similar circumstances,and over-interpretation of the crime of endangering public safety by dangerous methods.Sentencing includes two aspects: the quantitative definition of "repeated execution" is not clear,and the qualitative definition of "other serious circumstances" is not clear.Fourthly,through the criminal precedents of the court,combined with the relevant current theories,the crimes of the high-altitude projectile behavior are accurately defined,and the conclusion is that: the usual high-altitude projectile behavior does not cause unspecified or most people’s lives,bodies,etc.Safety in respect of this aspect cannot be regarded as the crime of endangering public safety by dangerous means.As for the behavior of throwing objects at height.At the same time,with reference to previous judicial interpretations and operating norms,the "Opinions" in the "multiple times" and "other serious circumstances" of the severe punishment scenarios were substantively analyzed and accurately defined.Through analysis and comparison,the multiple times in the multiple implementations in the "Opinions" should be 3 times or more inconsecutively;the application of "other serious circumstances" should be based on the type,quantity,weight,and size of the thrown objects.,The height of the position of the high toss and other aspects.Finally,it puts forward suggestions for refining the legality of throwing objects at height.Among them,in order to improve the accuracy of the determination of crimes and the application of sentencing,this article believes that relevant judicial interpretations and guiding cases should be issued in a timely manner to make more targeted evaluations of such behaviors to ensure judicial fairness and justice.