Research On The Judicial Application Of High-altitude Throwing Behavior After Entering The Criminal Law System ——An Empirical Analysis Based On 167 Judicial Documents From 2012 To 2021

The criminalization of high-altitude throwing behavior has gone through a qualitative process from endangering public safety to disrupting public order.The "Criminal Law Amendment（11）" incorporates the high-altitude throwing act into the criminal law system and separately defines it as the crime of high-altitude throwing.Due to the lack of research on the judicial application of high-altitude throwing behavior after being sentenced,this paper will analyze the judicial application of high-altitude throwing behavior after being sentenced by analyzing the criminal judgment documents of high-altitude throwing behavior,so as to help solve the difficult problem of judicial application.In addition to the introduction and conclusion,this paper consists of four parts:The first part is to sort out the legislative evolution of the high-altitude throwing behavior being incorporated into the criminal law system,which is divided into general high-altitude throwing behavior and severe high-altitude throwing behavior.The legislative process of general high-altitude throwing behavior is divided into three stages:decriminalization,transitional development and independent criminalization.The legislative process of serious high-altitude throwing behavior is divided into three stages:constituting other crimes,constituting specific crimes,and choosing one felony punishment for high-altitude throwing crimes and other crimes;The second part is to summarize and analyze the 167 samples of criminal judgment documents collected from the Chinese Judgment Documents Online.It is divided into three parts: sample screening,overall analysis,and classification analysis,and all the factual elements involved in the high-altitude throwing behavior and the application of different crimes are sorted out in detail.It lays the empirical data foundation for the current situation and difficult problems of the judicial application of high-altitude throwing behavior in the third chapter;The third part is after the act of throwing objects from a height was incorporated into the criminal law system,explain the current situation and difficult issues of judicial application of high-altitude throwing behavior.The two judicial application status quos are the application of rigidity to the crime of endangering public safety by dangerous means and the application of the rigidity of the crime of high-altitude throwing,which produce the same case but have different judgment results.The three difficult issues are the unclear distinction between the objects of public security and public order protection of legal interests,which leads to confusion in the application of charges;insufficient analysis of the subjective elements of the crime of high-altitude throwing,which easily leads to improper conviction and sentencing,and indulgence of the crime,causing the crime to risk becoming a pocket crime;The fourth part is to solve the difficult problems of judicial application.Since the amendment has established a new crime,the crime of high-altitude throwing should be applied accurately and appropriately.It is divided into three aspects: the criminal object of dialectical high-altitude throwing crime,and rectifying the subjective aspects of high-altitude throwing crime,and rectifying the objective aspects of high-altitude throwing crime.By clarifying the elements of the crime of high-altitude throwing crime,it is expected to provide assistance to the judicial application of high-altitude throwing crime.