Research On Application Of The Crime Of Throwing Objects From High Altitudes

The Criminal Law Amendment(XI)adds the crime of throwing objects from high altitudes as a supplement to the criminal law on throwing objects from high altitudes crimes.In order to clarify the application of the criminal law for the crime of throwing objects from high altitudes,in-depth research on the crime of throwing objects from high altitudes is needed.First of all,the current debate in the academic circles on the protection of the legal benefits of the crime of throwing objects from high altitudes focuses on the legal interests of public safety and the legal interests of public order,two different types of legal benefits provide different legal benefit protection paths for the crime of throwing objects from high altitudes,opinion in this thesis is that the legal benefits of the protection of throwing objects from high altitudes crimes should be defined as public order rather than public safety.Secondly,the objective manifestation of the crime of throwing objects from a high altitudes is formally the act of "throwing objects from a building or other high altitudes" stipulated in the Criminal Law,and because it is generally believed that the crimes stipulated in the sub-provisions of the Criminal law are committed,further discussion is on the completed types of crimes of the crime of throwing objects at a high altitudes,and under the current controversy between the theory of potential damage offense and the theory of delictum commissivum,combined with the judicial cases and the systematic status of the crime,its completed type should be delictum commissivum.Third,the criteria for the criminalization of the crime of throwing objects from a height are mainly about the discussion of "serious circumstances",which is divided into objective criteria and subjective criteria for discussion separately,and list different circumstances.Finally,a distinction can be made between the crime of throwing objects from high altitudes and other crimes such as the crime of endangering public safety by dangerous means,the crime of endangering public safety by negligence by dangerous means,the crime of intentional injury,the crime of intentional homicide,and other similar crimes,and the different circumstances of different crimes can be clearly applied.