A Study On Judicial Determination Of The Crime Of Throwing Object From A High Altitude

With the frequent occurrence of high-altitude parabolic cases,the social harm caused by high-altitude parabolic cases is becoming more and more serious,which becomes "the pain hanging over the city ".For a long time,the parabolic behavior at high altitude,which is mainly regulated by civil law,cannot contain the social harm caused by the current parabolic behavior at high altitude,thus starting the development course of the parabolic behavior at high altitude into the criminal law regulation.From the “Opinions on the Properly Trial of Cases of Parabolic and Falling Objects at High altitude”,published by the Supreme People’s Court,to the revision of the first and second drafts of “the Criminal Law Amendment(11)”,and to the formal adoption of the Amendment(11)to the Criminal Law by the Standing Committee of the National People’s Congress on December 26,2020,the legislator has made great changes in the provisions of the high-altitude parabolic cases.The sub-rule of criminal law clearly stipulates: " If a person commits the act of throwing objects from a building,and the circumstances of the crime of throwing objects at high altitude are serious,the perpetrator shall be sentenced to fixed-term imprisonment of not more than one-year,criminal detention or public surveillance,and shall also be fined or only.If there is an act in the preceding paragraph and the act of the perpetrator constitutes another crime,the offender shall be punished in accordance with the heavier criminal law ".Unlike the previous draft provisions,the Criminal Law Amendment(11)amended the conditions for the offence of parabolic acts at high altitude and the position in the sub-rule of criminal law,and placed the crime in the sixth chapter of the sub-rule of criminal law,in the chapter that interferes with the order of social administration,so,the legal interest of parabolic crime is the order of social management.The formal determination of this crime by the criminal law provides a criminal legal basis for accurately determining the crime of parabolic at high altitude,strictly and severely cracking down on parabolic at high altitude according to law,and solves the problem of judicial practice been relying on civil law to crack down on parabolic at high altitude.Because the amendment of the criminal law doesn’t last long,and the description of the law is very abstract,the provisions of this crime are not described in detail.Therefore,the judicial organs in the specific judicial application will have many difficulties in understanding.For example,how does the criminal law stipulate the meaning of "high altitude ",what does "thrower " include,whether all things belong to the " object " of parabolic at high altitude,and how to understand the " serious circumstances " in the crime of parabolic at high altitude.According to the crime of parabolic at high altitude,if the behavior of the perpetrator has serious consequences,then the perpetrator constitutes this crime.Therefore,the understanding of "serious circumstances" should be explored and analyzed from the actor’s objective behavior,harmful consequences and subjective psychological state.To judge whether the perpetrator constitutes a crime,we should adhere to the principle of consistency between subjective and objective,analyze the subjective psychological state of the perpetrator,and the perpetrator,when carrying out the behavior is intentional or negligent.The subjective psychology of the actor is different,and the characterization of the crime of the actor will be different.Therefore,confirming the subjective sin of the perpetrator has an important influence on judging whether the perpetrator constitutes a parabolic crime at high altitude.Parabolic crime in the specific judicial practice will involve the problem of concurrent crime and implicated offenders.Because the criminal law stipulates that parabolic behavior at high altitude also constitutes other crimes,the perpetrator is punished according to the heavier provisions,so it is necessary to judge what crimes the actor’s behavior may constitute in judicial practice.Then according to the severity of the penalty on the perpetrator conviction and sentencing.When the perpetrator is based on a specific criminal purpose,the number of acts committed are implicated and can constitute an independent crime,Constitute an implicated offender.In judicial practice,it is easy to confuse the joinder of offense and implicated offender caused by parabolic behavior at high altitude,but the two are different,so the two should be distinguished.