| For a long time,civil compensation has been used to solve the cases of throwing objects at high altitude in China.However,in recent years,the rapid urbanization has promoted the economic development,and at the same time,people’s "safety above their heads" is in jeopardy.There are more than 1,800 cases of throwing objects at high altitude,which are published only in the judgment document network,and often cause property losses or even personal injuries to others,which has aroused widespread concern from all walks of life.It is the general trend that throwing objects at high altitude into prison.In 2019,the Supreme People’s Court issued the Opinions on Properly Handling Cases of Parabolic and Falling Objects at High Altitude according to Law,and recognized it as a crime of endangering public safety by dangerous methods through judicial interpretation.However,the Criminal Law Amendment(XI)promulgated in 2020 changed its former standard,officially included the act of parabolic at high altitude in the chapter of crimes against social management order,and separately recognized it as a crime of parabolic at high altitude.Since then,the crime of throwing objects at high altitude has been formally brought into the category of criminal law.Although it provides a practical and reliable basis for effectively punishing the act of throwing objects at high altitude,there are still many difficulties in judicial practice.For example,what is the relationship between the public security interest and the social management order interest involved in the legislation of parabolic behavior at high altitude? What is the basis for it to be finally recognized as the legal interest of social management order? How to identify the subjective sin form of parabolic crime at high altitude? What criteria should be used to define the seriousness of objective circumstances? How to divide the criminal responsibility of parabolic behavior at high altitude?In order to promote the effective application of the crime of throwing objects at high altitude,this series of problems need to be further clarified.This paper is mainly composed of four parts.The first part is the analysis of the legal benefits of the crime of throwing objects at high altitude.By measuring the legal interests of public security and social management order,this paper expounds the rationality of the confirmation of the legal interests of social management order by parabolic crime at high altitude,and makes a concrete understanding of the legal interests of social management order in parabolic crime at high altitude,thinking that it mainly focuses on protecting residents’ sense of stability in life.The second part is the analysis of constitutive elements of parabolic crime at high altitude.It mainly identifies the objective constitutive requirements,subjective sin forms and the seriousness of the circumstances as a comprehensive element of incrimination.On the basis of explaining the objective elements that are in doubt,such as "high altitude","parabolic object" and "thing",it is clear that the subjective fault form of this crime is only intention,not negligence.The emphasis is on the determination of the seriousness standard.Through the analysis of the provisions on seriousness in the specific provisions of the criminal law,it is found that the determination of seriousness in the criminal law has the characteristics of quantitative tendency,attention to specific places,targeting special objects,personal and property safety,etc.On this basis,the seriousness standard of this crime is determined by combining the behavior characteristics of throwing objects at high altitude.The third part is the determination of the crime and non-crime of throwing objects at high altitude.In judicial practice,there are different standards for determining whether parabolic acts at high altitude should bear criminal responsibility or civil responsibility,and the phenomenon of "different sentences for the same case" is not uncommon.It is extremely necessary to clarify the criminal and civil responsibility of this crime.Taking whether throwing objects at high altitude causes actual damage consequences and the degree of damage as the key factors to distinguish criminal and civil liability,when causing actual damage consequences,personal injury and property damage should be distinguished first,and then the degree of damage should be determined according to different standards to determine criminal and civil liability.There is only criminal responsibility when the actual damage has not been caused.In addition,other factors such as whether the specific parabolic actor is identified and whether the actor has the corresponding responsibility capacity should also be considered.The fourth part deals with the concurrence of parabolic crimes at high altitude and related crimes.It focuses on the identification and treatment of the concurrence of this crime with the crime of endangering public security by dangerous methods and the crime of provoking trouble.By affirming that the main difference between public security interests and social management order interests lies in the difference of harm degree,it is confirmed that parabolic behavior at high altitude can compete with the crime of endangering public security by dangerous methods when it reaches the expansionary danger of "other dangerous methods".Although the crime of provoking trouble can be constituted by the behavior of throwing things at high altitude,it can’t cover all the situations of throwing things at high altitude.Therefore,we should take a negative attitude towards the theory of throwing things at high altitude. |
