Judicial Determination Of The Crime Of Throwing Objects From High Place

In order to better protect the people’s "safety overhead",the Criminal Law Amendment(XI)added the crime of throwing objects from a height,the setting of this crime for maintaining the smooth operation of our society has positive practical significance.However,in the process of judicial determination,there is a little controversy,the focus of the controversy is mainly on: firstly,the criteria for the offence of throwing objects from height,how to define the "aggravating circumstances".The second is how to distinguish the act of throwing objects from the offence of throwing objects from a height as regulated by civil and administrative law,i.e.how to define the offence of throwing objects from a height and how to define the non-crime.Third,the crime of throwing objects from a height and its confusing crime how to distinguish,such as: dangerous methods of endangering public safety,negligence causing serious injury,death,etc..As for the above controversial issues,there is the phenomenon of different judgments in the same case in judicial practice,and many scholars also have different theoretical views.Through the study of relevant cases and academic literature,the criminalisation criteria of "aggravating circumstances" should be determined in terms of the time and place of the perpetrator and his subjective malice respectively,and also to exclude situations where the act of throwing is not legally invasive.The boundaries between civil law,administrative law and criminal law on the regulation of throwing from a height should be clarified in order to achieve the convergence of legal governance on throwing from a height.The subjective offence of throwing objects from a height shall be deemed to be intentional,and the act infringes on the legal interest of public safety,constituting the offence of endangering public safety by dangerous means.The subjective state of mind for negligence,intentional injury,destruction of property and other acts of throwing objects from a height,should be distinguished from the subjective and objective and other comprehensive situation of the crime of throwing objects from a height with negligence causing serious injury,death and intentional injury,murder,destruction of property and other crimes against the legal interests of individuals.