Research On Judicial Determination Of The Crime Of Throwing Objects From Height ——From The Perspective Of Lu’s Case And Other Three Cases

With the popularization of high-rise buildings,high-rise throwing behavior has seriously endangered the social order.How to solve the problem of throwing objects from height has become an important issue to protect people’s legitimate rights and interests and to maintain social order.In 2019,the Supreme People’s Court released the "Guideline on Properly Trial Cases of Throwing and Falling Objects from Height"（hereinafter referred to as the " Guideline"）,stipulate the criminal responsibility of throwing objects at height clearly.From the "11th Amendment of Criminal Law（Draft）"（hereinafter referred to as "Criminal Law Amendment（XI）（Draft）"）to the "11th Amendment of Criminal Law"（hereinafter referred to as "Criminal Law Amendment（XI）"）,the crime of throwing objects at high altitude is clearly stipulated in the chapter of impairing social management order by law,and the conditions for criminalization are adjusted,so far,high altitude parabolic criminal legislation tends to be improved.The independent crime of high-rise throwing behavior not only helps the judicial authorities to accurately identify high-rise throwing behavior,but also provides a clear legal basis for accurately combating high-rise throwing crime.However,due to the abstract nature of the crime itself,there are still some problems in the process of judicial application,such as unclear definition of behavior and unclear standard of "serious circumstances",which need to be improved by means of judicial interpretation.The text of this article is divided into the following five parts:The first part is introduction.The first part analyzes the research background and research significance of this paper,sorts out the academic viewpoints about the high-rise throwing criminal behavior and summarizes it,so as to correctly grasp the theoretical basis of high-rise throwing criminal behavior.The second part introduces the basic facts of the case and summarize the problems reflected in the case.Through the three typical cases of high-rise throwing selected from the “Judgment Documents Website” with similar circumstances but different judgments,summarize the three problems reflected in the case: Firstly,how to define high-rise throwing behavior;Secondly,how to define "serious circumstances" in high-rise throwing crimes;Thirdly,whether the high-rise throwing behavior constitutes the crime of endangering public safety by dangerous methods.The third part is the jurisprudence analysis of the three issues reflected in the above cases.First,analyze the elements and behavior characteristics of "building","high-rise","throwing",and "object" in high-rise throwing behavior,and then accurately define high-rise throwing behavior;Secondly,through the analysis of "serious circumstances",in this part we summarize the factors that affect the "serious circumstances" of the crime of high-rise throwing with analysis;Finally,through the analysis of "public safety" and "dangerous methods",we judge whether the high-rise throwing behavior could be convicted of endangering public safety by dangerous methods and analyze its conditions and standards.The fourth part is the research conclusion and enlightenment of the case.Through the legal analysis of the problems reflected in typical cases,this paper draws three conclusions;Firstly,the concept and characteristics of high-rise throwing crime need to be accurately defined;Secondly,the judgment standard of "serious circumstances" in the high-rise throwing crime needs to be improved;Thirdly,high-rise throwing crime is over evaluated as a crime of endangering public security by dangerous methods,the conclusion is analyzed by combining with cases.Finally,the enlightenment from the above conclusions is divided into three aspects:Firstly,improve the concept and characteristics of high-rise throwing crime;Secondly,issue a judicial interpretation as soon as possible to restrict the interpretation of "serious circumstances";Thirdly,issue guidance cases to provide trial reference for high-rise throwing cases.The fifth part is the conclusion.To summarize the problems studied in this article,We introduce and analyzes the question that high-rise throwing behavior need to be clarified in the judicial determination,and give certain ideas for the improvement and development of legal provisions on high-rise throwing behavior.