Judicial Determination Of Crime Of High-altitude Projectiles

The phenomenon of throwing objects from high altitude is repeatedly banned,which infringes on the social management order and the personal and property rights of citizens.The latest Amendment to the Criminal Law brings this behavior into its regulatory scope,but the identification and boundary of the crime of throwing objects from high altitude are still relatively vague.Through the case of throwing from high altitude,it is concluded that although the number of throwing from high altitude is very obvious,some judgment documents are not sufficient and cannot accurately construct the crime.The application of the crime of throwing objects from high altitude mainly include:firstly,due to the formal interpretation of the crime and the crime,the crime "endangers public safety" and the "specific danger"caused by the behavior;finally,the application of the crime is misguided to a misdemeanor,and the felony is reduced to a misdemeanor.According to the difficulties in the judicial practice to clarify and analyze the reasons.First,the crime of throwing objects from high altitude,as an abstract dangerous crime,requires the purpose of defining "public order" and "public safety",the crime of endangering public security by dangerous methods is a specific dangerous criminal,including "other dangerous methods".The third is to accurately grasp the applicable rules of the old principle of leniency and the competitive clause,apply the retroactive principle but cannot ignore the competitive clause.Combined with the above analysis,we try to put forward the judicial application suggestions for the crime of throwing objects from high altitude.First,improve the substantive judgment of the constitutive elements of the crime of throwing objects from high altitude,while considering the infringement of legal interests,adhere on the publicity and popularity of the throwing place and the harm of the throwing type.Second,the boundary between this crime and the crime of endangering public security by dangerous methods should be clarified,and the types of "other dangerous methods" should be strictly limited,and the judgment of specific dangerous consequences should take openness and expansionism as the core.Third,establish the retroactive rule of the crime of throwing objects from high altitude,apply the old law to the throwing objects from high altitude,and apply the competition clause to the throwing objects from high altitude.