On The Criminal Law Regulation Of High-altitude Parabolic Behavior In My Country

In recent years,high-altitude parabolic objects have caused danger to the life and property of the public,implicated social and public interests,and are called "pain hanging over the city".In order to ensure the "overhead safety" of the people,in 2019 the Supreme People’s Court promulgated the "Opinions of the Supreme People’s Court on Properly Trial Cases of Throwing and Falling Objects from Heights"（hereinafter referred to as the"Opinions"）,which plays an important role in accurately identifying the crimes of throwing objects from high altitudes.guiding role.The 2020 "Criminal Law Amendment（11）（Draft）Solicitation for Comments"（hereinafter referred to as the "Draft"）aims to criminalize high-altitude throwing,adding the provisions for the crime of high-altitude throwing to the"Criminal Law of the People’s Republic of China"（hereinafter referred to as the "Criminal Law"）.")in Chapter II of the crime of endangering public security,but then the "Criminal Law Amendment（XI）"（hereinafter referred to as "Criminal Amendment（XI）"）classified this crime under Chapter VI of the "Criminal Law" as a crime against society In the crime of management order,the crime of high-altitude parabola is determined.The system orientation and constituent elements of the high-altitude parabolic crime have a wide range of amendments from the "Draft" to the "Criminal Amendment（Eleven）",which not only caused more intense controversy in the criminal law theoretical circle,but also applied to the high-altitude parabolic case in judicial practice.Significant changes have also taken place.In order to clarify the constituent elements of the high-altitude parabolic crime and prevent the improper application of the penalty,this article will concretize the criminalization standards of high-altitude parabolic crime in combination with cases,and analyze and clarify the protection legal interests of high-altitude parabolic crime.Provide solutions.In addition to the introduction and conclusion,this paper is divided into four parts in structure:The first part interprets the connotation of high-altitude parabolic behavior.This chapter includes two points.The first point is to elaborate on the definition of high-altitude parabolic behavior,and to distinguish between high-altitude parabolic behavior and high-altitude falling object behavior.The second point is to summarize the types of high-altitude parabolic behaviors,and to summarize and organize them based on the diversity of legal interests and the seriousness of harmful consequences.The second part analyzes the current situation of high-altitude parabolic cases before the criminalization of high-altitude parabolic behavior.Combined with the current situation of high-altitude projectile cases,taking the "Criminal Amendment（Eleven）" as the time node,the application of charges in high-altitude projectile cases before the "Criminal Amendment（Eleven）" came into force was analyzed,and the "Opinions" and "Criminal Amendments"were summarized.Changes and existing problems in the relevant provisions of high-altitude parabolic behavior in Case（11）".The third part aims at the definition and cause analysis of high-altitude parabolic crime.The status quo and analysis of the above cases show that the crime of endangering public safety by dangerous methods is the most frequently used and most controversial in high-altitude parabolic cases.In order to clarify the nature of high-altitude projectile behavior,this chapter first points out the definitional dilemma of high-altitude projectile crime,then analyzes the causes of the crime’s definition dilemma,and finally clarifies that the legal interest of high-altitude projectile crime is public order,not public safety.The fourth part is the criminal constitution and judicial determination of high-altitude projectile crime.In the third part,the problem of identifying the constituent elements of the crime of throwing objects in high altitudes,this chapter attempts to provide research ideas from the two aspects of the crime of throwing objects in high altitudes and judicial identification.On the one hand,it interprets the objective and subjective elements of the crime of high-altitude parabola.