Research On Several Issues Of The Crime Of Throwing Objects From High Place

In the course of China’s rapid socio-economic development,the phenomenon of throwing objects from a height,which is a "new type of urban disease",has become increasingly serious,and the previous generalized legal regulation can no longer adapt to the current trend of diversified acts of throwing objects from a height and differentiated social hazards.The Amendment(XI)to the Criminal Law of the People’s Republic of China(hereinafter referred to as "Amendment(XI)to the Criminal Law"),which creates the necessary misdemeanour of throwing objects from height,is an objective need for China’s criminal legislation to participate in social governance and reflects the high concern for the safety of people’s lives and property.However,with a large number of applications in judicial practice,the problem of the application of the offence of throwing things from a height has gradually emerged.The principle nature of the legal provisions and the abstract nature of the crime have caused problems such as generalized application of felony,blurred boundaries of the crime and imbalance in conviction and sentencing,which has seriously affected the accurate understanding and application of the crime of throwing objects from height.The article takes the act of throwing objects from a height as an entry point,and through an analysis of the current situation of the crime of throwing objects from a height,points out its main problems and discusses the necessity of incorporating it into criminal legislation.The article then analyses the case law on throwing objects from a height,refines the conditions for the application of the offence of throwing objects from a height and clarifies the criteria for the criminalisation of this offence,and provides a clear definition of "social public order","height","throwing objects" and "aggravating circumstances".The normative significance of the constituent elements such as "public order","high altitude","throwing objects" and "aggravating circumstances" is defined.Finally,the issue of competition between this crime and other crimes is discussed,with emphasis on distinguishing this crime from crimes such as endangering safety by dangerous means,intentional homicide,intentional injury,intentional destruction of property,and provocation and nuisance.The use of criminal penalties to punish the harmful behaviour of throwing and falling objects from height can give full play to the deterrent effect of criminal proceedings,and also play a positive role in comprehensive governance,ultimately achieving the purpose of integrating criminal and civil governance and precise regulation.