Research On The Throwing Objects At High Altitude

Since the Supreme People’s Court promulgated the "Opinions on Properly Trial Cases of Parabolic Objects and Falling Objects"(hereinafter referred to as the 2019 "Opinions on Parabolic Objects")issued by the Supreme People’s Court in 2019,how the criminal law responds to high-altitude parabolic cases has become an important topic of common concern in both the theoretical and practical circles..There are mainly two levels of controversies concerning the criminal regulation of high-altitude parabolic behavior.First,whether the criminal law should include high-altitude parabolic behavior into the scope of regulation.Regarding the controversy over the necessity of entering a sentence,in fact,the promulgation of the Eleventh Amendment to the Criminal Law(hereinafter referred to as the "Eleventh Amendment")played a decisive role.However,due to the fact that criminal legislation has maintained an active legislative stance in the field of public security in recent years,the status of criminal law as a last resort has indeed been loosened.But what is certain is that the risk of damage caused by high-altitude parabolic cases can no longer be ignored,and regulation only through civil or administrative means has been verified to be unable to fully protect the safety of the public.It is indeed necessary to consider the reasonable boundaries of the extension of criminal law norms,but it does not mean that criminal law should adopt mechanical passive regulation,and it should not rigidify the principle of criminal law’s modesty as a reason to oppose the pre-regulation of criminal law.For the high-altitude parabolic criminal regulation in the context of risk society,the necessity of regulation should be affirmed first,and then the reasonable control of the extension of criminal norms should be done from the specific normative level.Second,how should the criminal law effectively regulate high-altitude parabolic crimes.This level is mainly aimed at the setting of the normative content after the independent conviction of high-altitude parabola,and it is also the main object of discussion on the crime of high-altitude parabola in the post-"Eleventh Amendment" period.In fact,disputes over the content of relevant regulations have been formed during the draft period of "Eleventh Amendment".The early theoretical circles mainly focused on the arrangement of high-altitude parabolic crimes,that is,the refutation of the legal interests of public security and social management order.Although the promulgation of "Eleventh Amendment" has made legislative confirmations on some controversial issues,it has not touched the core of the disputes.The reason is that the root of the controversy comes from two aspects.On the one hand,the "Eleventh Amendment",which is a preventive legislation,presupposed the deviation of the bullseye in the legislative process of high-altitude parabolic crimes.The originally preset crime of high-altitude parabola established for the purpose of protecting public safety has been downgraded,reflecting that the current direction of the actual regulation and judicial application of the crime of high-altitude parabola is still relatively ambiguous.On the other hand,high-altitude parabolas have been in the field of criminal law for a short period of time,and theoretically,a unified criminal model has not been understood,resulting in frequent cases of cross-relationship with other types of crimes.Based on the combined effect of the above two reasons,the normative content of the crime of high-altitude projectiles in "Eleventh Amendment" is not very precise,thus causing difficulties in the application of judicial practice.In response to the above problems,we should first start with the content of the norm,and make a refined and rational explanation for the normative elements of the crime of high-altitude parabolic crimes,especially for the "serious circumstances" element,which needs to clarify its applicable boundaries.In addition,this paper analyzes the common cross-criminal crimes of high-altitude parabolic crimes in judicial practice,and summarizes the classification methods of high-altitude parabolic crimes according to different situations.So as to provide a suitable approach for the reasonable application of high-altitude parabolic crime in judicial practice.Finally,by trying to activate the governance connection between civil means and criminal means,clarify the applicable boundary of high-altitude parabolic crime and limit the generalization tendency of high-altitude parabolic crime.