High-altitude Parabolic Crime Research

In recent years,the phenomenon of high-altitude parabolic crime has been banned repeatedly,disturbing social tranquility and causing serious damage to the personal and property safety of citizens,which is known as the "killer in the air".In order to reduce the occurrence of such criminal acts and create a safe atmosphere for the public to study,work and live,the Supreme People's Court issued the opinions on properly handling cases of high-altitude throwing and falling objects according to law in 2019,which issued a legal interpretation on the crime of high-altitude throwing for the first time;The crime of throwing objects at high altitude was established in the criminal law amendment(11)implemented in March 2021.Different views have emerged in the academic circles,and there has been a constant debate on whether the crime of throwing objects at high altitude should be an independent crime.The crime of endangering public safety by dangerous means has been applicable to this kind of crime until the crime of throwing objects at high altitude is committed;After the crime of throwing objects at high altitude is punished,it leads to different judgments in the same case in practice.Through the analysis of two typical cases of high-altitude parabolic,this paper finds the focus of controversy in dealing with parabolic cases,that is,whether high-altitude parabolic should be defined as the crime of endangering public safety by dangerous methods or the crime of high-altitude parabolic.This paper holds that the crime of endangering public security by dangerous methods is more reasonable.Firstly,from the perspective of the constituent elements of the crime of throwing objects at high altitude,this paper analyzes the characteristics of this crime and explains it with a case.Secondly,define the two crimes and find the differences between them.Finally,by comparing and analyzing the judgment documents corresponding to the case,this paper demonstrates the application of specific charges of high-altitude parabolic behavior.It also considers and reviews the cases,and puts forward that we should standardize the treatment of the concurrence of high-altitude parabolic cases.The punishment of high-altitude parabolic cases is inappropriate.It is necessary to improve the ways of administrative law and civil law to deal with high-altitude parabolic cases.