Analysis Of Difficult Problems In The Crime Of Throwing Objects At High Altitude

With the development of social economy and the progress of urbanization,the high-rise buildings and facilities are increasing.Meanwhile,the high-altitude parabolic behavior as a form of social uncivilization has attracted more and more attention from the society.The high-altitude parabolic events occur frequently in various places,which makes the problem of high-altitude parabola become "the pain hanging over the city".How to regulate by legal means has become not only a social hot topic of legislative and judicial attention,but also a key topic of concern in the legal circle.In judicial practice,with the introduction of the amendment to criminal law(11),the author chooses the new high altitude parabolic crime to regulate the qualitative nature of the high-altitude parabola.However,how to make the high altitude parabola crime as a minor crime,how to analyze the crime at height in the process of identifying it,whether it can establish other crimes,etc.is the key problem to be solved in this paper.The full text is divided into three parts.The first part mainly discusses the legislative origin and current situation of high altitude parabolic.First of all,it summarizes the characteristics of the times of legislation in risk society,discusses the process of law amendment related to throwing behavior in high altitude in risk society on the basis of preventive criminal law theory and positive criminal law legislation guidance.Secondly,starting from the social harmfulness of high-altitude parabolic behavior and the current situation of judicial practice of punishing high-altitude parabolic behavior,it is clear that there is an objective need to improve the regulation path of high-altitude parabolic criminal law.The second part focuses on the crime and non crime of throwing objects at high altitude.On the one hand,it analyzes the qualitative changes of law in the form of crime,the protection of legal interests and the adjustment of statutory penalty in the process of legislation and amendment of high-altitude parabolic,clarifies the legislative tendency and behavior nature in the process of criminalization of high-altitude parabolic,and makes a response and comment on the focus of legislative controversy on the addition of new high-altitude parabolic crime.On the other hand,starting from the provisions,this paper analyzes the subjective and objective elements of the crime of throwing objects at high altitude and the problem of "serious circumstances",clarifies the connotation of the specific objective elements of the legal provisions of the crime of throwing objects at high altitude and the determination of the subjective guilt,and divides the judicial application space of the crime of throwing objects at high altitude.The third part is mainly to solve the regulation path and disputes of the application of the crime of throwing objects at height in practice.It mainly includes:Taking the issue of the crime of throwing objects at high altitude as the node,the application of the new and old laws to the crime of throwing objects at high altitude should take the benefit of the actor as the fundamental standard;In the process of cognizance of the crime of throwing objects at high altitude,it specifically analyzes the concurrence with the crimes of endangering public security and other crimes of endangering the person and property;In view of the problem of civil and criminal overlapping in high-altitude parabolic cases,this paper divides the concept of civil and criminal liability in high-altitude parabolic cases,and deals with the problem of civil and criminal overlapping from the aspects of single civil liability and inclusive legal liability classification,so that the civil law belongs to the civil law and the criminal law belongs to the criminal law.