Study On Judicial Application Of High Altitude Projectile Crime

With the accelerating process of urbanization in recent years,more and more traditional dwellings is replaced with high rise housing is seen as a social habits of high frequent case,the public is difficult to the high altitude parabolic forecast and prevention,it is difficult to the behavior occurs in a timely manner to avoid,let people surrounded by tall buildings in the top of the head security fears and concerns,for the management of high altitude parabolic social problems,Improve the ability of social governance,"criminal law amendment(11)" formal regulation of high altitude parabolic crimes,this article from the perspective of empirical analysis for high altitude parabolic problems arising from the judicial application of sin,the components of the crime of high altitude parabolic systematically,clarity,and the interpretation of the substantive,clear the cognizance of the circumstances are serious,distinguish between the boundaries of high altitude parabolic behavior crime and is not a crime,It is necessary to carefully define whether throwing from high altitude is serious,and adjust and regulate those that do not constitute a crime through other department laws,so as to maintain the modesty of the criminal law,and solve the problem of competition and cooperation between throwing from high altitude and other crimes so as to achieve accurate conviction and sentencing in judicial practice.Specifically,this paper mainly consists of five parts:The first part elaborates the concept of crime of criminal law provisions of high altitude parabolic,the crime of high altitude parabolic setting reflects the country actively prevent and misdemeanor governance concept of criminal law,with the social development of a new era and the need of social governance,by explaining the raises for the concept of high altitude parabolic sin set below from empirical perspective on the research of the high altitude parabolic sin.The second part introduces the judicial application of the crime of throwing from high altitude.In judicial practice,there is confusion in the identification of legal interests of the crime of throwing from high altitude,and the determination standard of serious circumstances of high altitude throwing crime is not clear yet.The problem of extending the applicable scope of the crime of throwing objects from high altitude.The third part defines the objective aspects of the crime of throwing projectiles from high altitude,and defines "high altitude","throwing" and "objects" to make clear the specific connotation of the objective aspects of the crime of throwing projectiles from high altitude,so as to accurately apply the crime of throwing projectiles from high altitude.The fourth part defines the subjective sin of the crime of throwing from high altitude,makes clear the meaning of the definition of subjective sin,and puts forward that the subjective sin form of the crime of throwing from high altitude is intentional,and the crime of throwing from high altitude is intentional.The fifth part defines the serious circumstances of high altitude projectile crime,and clearly defines the serious circumstances of high altitude projectile crime from subjective and objective aspects,so as to achieve the purpose of more accurate application of high altitude projectile crime in judicial practice.The six part defines the high crime and other crimes of competition,as a kind of behavior of high altitude parabolic when they meet the requirements of other specific crime constitution form other specific crime,there will be a high crime and other crimes of competition,need for high altitude parabolic behavior as behaviors of high crime and other crime to distinguish,In order to solve the problem of contesting and cooperation in the judicial practice of the case of throwing from high altitude,the throwing behavior of the perpetrator constitutes a crime so as to accurately convict and mete out punishment.To sum up,in this article,through the empirical analysis summary of high altitude parabolic problems in the crime of judicial application of the high altitude parabolic objective elements of crime of judicial application,if the circumstances are serious,and subjective fault accurately defined,distinguish between can be made of the high altitude parabolic as a behavior of high altitude parabolic crime and other crime boundary of solving the problem of high altitude parabolic concurrence of crime,Clarify the judicatory applicable standards for the crime of throwing from high altitude,so as to achieve the purpose of accurately using criminal measures to regulate the crime of throwing from high altitude and reasonably regulate the crime of throwing from high altitude.