| While providing high-quality housing for people’s life,it also adds troubles and pressure to the society.In recent years,the high-altitude parabolic cases in large,medium and small cities have been repeated frequently and repeatedly,and the normal operation state of social production and life has been continuously damaged.In addition,the wanton exaggeration of the news media has not only triggered the panic of the people about the safety of their heads,but also the growing voice for legal protection.In fact,the current civil code has detailed legal norms for high-altitude throwing and falling objects,but with the rampant outbreak of high-altitude throwing,the existing legal norms can not effectively calm the people’s inner uneasiness.Therefore,in order to respond to the urgent needs of society,the crime of high-altitude throwing came into being under the background of active legislation of criminal law.However,as a newly established misdemeanor,the crime of throwing objects at high altitude not only conflicts with the treatment of cases of throwing objects at high altitude before the new crime takes effect,but also has many problems in its judicial application because the legislators have unclear provisions on the new crime and lack of judicial interpretation.For example,the criminalization standard of the crime of throwing objects at high altitude is not clear,The application of the crime of throwing objects at high altitude and the crime of endangering public safety by dangerous methods.Therefore,in this paper,in order to solve the accurate and appropriate application of the crime of high-altitude throwing in judicial practice and give full play to the due function of criminal law,the author will analyze and put forward countermeasures from the following four chapters: the first chapter introduces the Legislative Strategy of China’s legal system for high-altitude throwing by understanding the current situation of high-altitude throwing in China,In the end,the way of committing the crime of throwing objects from high altitude,the combination of misdemeanor and felony,and the leap from civil norms to criminal punishment highlight China’s attention and determination to deal with the act of throwing objects from high altitude;The second chapter analyzes the application trend and judicial application status of the crime of high-altitude parabolic after its entry into force and implementation,and integrates and compares the identification of "serious circumstances",the identification of charges,the identification of retroactive force and sentencing of the crime of high-altitude parabolic;The third chapter analyzes the current situation of the judicial application of high-altitude parabolic crime,and comes to the conclusion that the criminalization standard of high-altitude parabolic crime,that is,the provision of "serious circumstances",and the unclear definition of the legal interests of high-altitude parabolic crime and other crimes by judicial staff lead to the confusion of the application of crime and non crime,this crime and other crimes in judicial practice,There are also disputes on the retroactive application and sentencing of the crime of throwing objects at high altitude;On the basis of the first two chapters,the fourth chapter puts forward countermeasures for the existing problems,that is,we should clearly stipulate the standard of "serious circumstances" through judicial interpretation or other relevant laws as soon as possible,combined with the characteristics of high-altitude parabolic behavior and multiple causal elements,and require judicial staff to clearly distinguish the legal interests protected by high-altitude parabolic crime and other crimes,and standardize the application of penalty principles,In order to accurately convict and standardize the sentencing of high-altitude parabolic cases. |
