Judicial Application Study Of Throwing Objects From High Altitude

Throwing objects from high altitude is a new problem growing with the development of social economy.The general regulation of such behaviors in China can no longer cope with the diversity of behavior ways of throwing objects from high altitude and the difference of social harm consequences.Revising the new criminal law and adding the crime of throwing objects from high altitude is a positive response of criminal legislation to the crime of throwing objects from high altitude,an effective means to prevent and deter the behavior of throwing objects from high altitude,and an inevitable choice to maintain the stability,stability and stability of social management order.Legislation dust settled make its judicial application become the focus of legal theory and practice,due to the provisions itself description is not clear and lack of relevant judicial interpretation,combined with different individual different understanding of the meaning of accurate application of throwing crime is still a big problem in judicial practice,throwing crime of legislation creation has not yet become solve practice "master key",failed to solve the root of judicial identification,similar cases of different phenomenon still exist,so the details of the crime elements still need to be improved.In judicial practice,the determination of throwing objects from high altitude must conscientiously implement the requirements of the principle of legal punishment and punishment corresponding to the crime,closely follow the constitutive requirements,and strictly distinguish the "throwing objects from high altitude" behavior in different specific circumstances,and determine whether it is a crime and what crime to be convicted and sentenced.Based on this problem,this paper starts to study the judicial application of throwing objects from high altitude from the following four parts:The first part first explains the concept of the crime of throwing objects from high altitude,explores the legal foundation of the crime of throwing objects from high altitude independently into punishment,analyzes and summarizes the legal interests of the crime of throwing objects from high altitude;The second part is the research focus of this paper,to analyze the description of the crime of throwing from high altitude,explore the nature of the crime of throwing from high altitude,try to fully understand the "building or other high altitude","high altitude","throwing","objects","serious circumstances" and other constitutive elements,try to explain the legal provisions in detail and determine;The third part,combined with the second paragraph of the crime of throwing objects from high altitude,focuses on sorting out the competition and cooperation relationship between the crime of throwing objects from high altitude and other related crimes with heavy punishment;The fourth part analyzes the other problems in the crime of throwing objects from high altitude,mainly involving the retroactivity problem and the internal logic of the responsibility form of throwing objects from high altitude.