Research On The Legality Of The Penalty Of Parabolic Behavior At High Altitude

In recent years,there have been cases of human casualties caused by high-altitude throwing objects.Kitchen knives fell from the sky,wine bottles and eggs hurt pedestrians,flower pots and debris passed by.The problem of high-altitude throwing objects has become a major concern of urban life due to the height of its behavior.The severity of the dangers and consequences has aggravated the public’s insecurity in risky societies,which is called "pain hanging over the city." Before the introduction of the amendment,judges tended to convict parabolic perpetrators in accordance with the crime of endangering public safety by dangerous means for such acts in practice.However,there are inherent legislative deficiencies in the guilt of this crime,and the judicial interpretation does not impose any impact on the legislation itself.Making up for the shortcomings has further helped the judicial organs improperly expand the scope of application of the crime of endangering public safety by dangerous methods.On March 1,2020,the "Amendment to the Criminal Law of the People’s Republic of China(11)" formally came into effect,in which the parabolic behavior at height was separately convicted and stipulated in the crime of disturbing public order,which reflects the high importance of the legislature on parabolic behavior at height,This will have a significant impact on the determination of parabolic behavior at heights in practice,but when understanding and applying the crime of parabolic at heights,it is necessary to avoid going to the extreme of another accusation.At this time,the characterization of parabolic behavior involves the application of the new and old criminal laws.It should be noted that after the crime of throwing at heights becomes effective and applicable,if the parabolic behavior endangers public security in accordance with the criminal law at the time of the act,the amendment shall still be classified as endangering public security after it becomes effective and applicable.The crime of throwing objects at height cannot be generalized as the crime of throwing objects at height.Considering the wide application of the crime of endangering public safety by dangerous methods before the crime of throwing objects at height takes effect,it is necessary to focus on the distinction between the two crimes to prevent the crime of throwing objects at height from becoming a culprit.Therefore,this article will focus on the analysis of the distinction between the two crimes,try to clarify the relationship between the crime of throwing objects at height and related crimes,and explore the processing path of this type of behavior in conjunction with relevant cases in judicial practice.The criminal law system for parabolic behavior at heights should adhere to typology and systematic thinking.Parabolic behavior at heights in different situations should be treated separately,clarify the main points of the judgment that should be grasped when qualitative parabolic behavior at heights in different situations,and accurately define the parabolic behaviors in high-altitude parabolic cases.Criminal responsibility,to achieve reasonable sentencing and punishment as a crime.The content of this article is about 30,000 words.Except for the introduction and conclusion,the research content is divided into four parts:The first part is an overview of parabolic behavior at high altitude.This chapter is divided into three sections.The first section mainly defines high-altitude parabolic behavior,that is,what is meant by "high-altitude","throwing",and "thing" should be understood,and a brief summary of the characteristics of high-altitude parabolic behavior in judicial practice Generalize.The second section analyzes the current status of the legislation and practice of parabolic behavior at height,and explains the changes and deficiencies in the judicial interpretation and amendments to the criminal law related to parabolic behavior at height,combined with the collation of relevant judicial practice documents to make it clear when regulating parabolic behavior at height We should focus on the distinction between the crime of throwing objects at height and the crime of endangering public safety by dangerous methods,which leads to the discussion of the application of the crime in Chapter II and Chapter III.The third section is based on the above-mentioned legislative provisions and the current status of practice to classify parabolic behaviors at heights according to different standards,so as to lay the foundation for the classification and evaluation of the following criminal laws.The second part is the analysis of the crime of endangering public safety by dangerous methods.Through the above analysis of the actual situation of practice,it can be seen that the crime is extremely controversial in the application process,and there is still room for application after the crime of throwing at heights takes effect.In order to clarify under what circumstances the crime of throwing at heights can be applied to this crime,it is necessary to The theoretical controversy involved in crime is sorted out.The third part is the doctrinal analysis of the crime of throwing objects at height.Legal benefits play an important role in restricting the elements of crime.Therefore,the first section will define the legal benefits of the crime of throwing objects at heights.On this basis,the legal benefits of public order shall be combined and the judicial interpretation of the crime of throwing objects at heights and the crime of provoking disturbances shall be tried to try to deal with this crime.The constitutional elements of the crime are analyzed.The fourth part is about the analysis of the judicial application of parabolic behavior at height.The first section discusses the competition and cooperation relationship between the crime of throwing objects at height and other related crimes,and on this basis,delimits the scope of application of this crime.The second section is the application of other crimes that may be involved in the establishment of different types of parabolic behaviors at heights.Typical cases are introduced in each type of behavior,combined with judgment documents to analyze and determine the main points of the judgment that should be grasped when determining the nature of parabolic behaviors at heights in different situations.