Research On The Judicial Determination Of High-Altitude Parabolic Crime Cases

Throwing objects from a height is a "time bomb" over the city,the frequency of throwing objects from a height has seriously affected the normal pace of people’s good life.In this regard,the regulation of throwing objects from height has become an urgent issue to be resolved in order to protect people’s legitimate rights and interests and maintain the harmonious and stable development of society.In 2019,the Supreme People’s Court promulgated the Opinions on the Proper Trial of Cases of Throwing and Falling Objects from a Height in accordance with the Law,which provides for the offence of throwing objects from a height by dangerous means endangering public security,but in practice,it has not achieved good results,but has brought about a major potential problem of incompatibility between crime and punishment.The offence of throwing objects from a height was introduced as a separate offence under the section on disorderly conduct and the creation of "aggravating circumstances" as a condition for the offence,thus significantly improving the legislation regulating throwing objects from a height.The establishment of the offence of throwing objects from a height provides a clear legal basis for the judiciary and provides a good opportunity to accurately combat throwing objects from a height.However,in the judicial practice,the problem of blurring the boundaries between crime and non-crime,and between this crime and the other crime,based on the simplicity and abstraction of the law,and the phenomenon of "different sentences for the same case",has also occurred.Therefore,this paper firstly elaborates on the background of the topic and the significance of the research,collates and summarises the views of the current academic community on the judicial determination of the act of throwing objects from height and the offence of throwing objects from height,and accurately grasps the theoretical basis for the regulation of the act of throwing objects from height and the judicial determination of the offence of throwing objects from height.By empirically analysing the current state of judicial judgement of the offence of throwing objects from a height,the problems that exist in judicial judgement of the offence of throwing objects from a height,the causes of the current situation,and regulatory proposals,this paper hopes to contribute to the judicial judgement of the offence of throwing objects from a height.The main text consists of four parts as follows.The first part is an overview of the data of the sample of cases of the offence of throwing objects from height.The sample of 121 criminal convictions for the offence of throwing objects from a height between 1 March 2021 and 1 December 2022 is used to sort out the statistics,to present both the basic situation and the main characteristics of the cases,and to provide the data basis for the following research content.The second part is about the problems of judicial determination of the offence of throwing objects from a height.Based on the existing cases of throwing objects from a height,this paper compares and analyses other related cases and draws three problems in the judicial determination of the offence of throwing objects from a height: firstly,the different determination of similar acts;secondly,the unclear standard of "aggravating circumstances";and thirdly,the lack of analysis of the subjective state of mind of the perpetrator.The third part is an analysis of the causes of the current judicial determination of the offence of throwing objects from a height.Through the comparison of the above cases,the existing judicial recognition problems are analysed and the causes are summarised into four aspects: firstly,we discuss the legal interests protected by the offence of throwing objects from a height;secondly,there is a high degree of competition between throwing objects from a height and other criminal activity;thirdly,there is a misunderstanding of the standard of "aggravating circumstances" by the judicial authorities;fourthly,the subjective mentality of the perpetrator is difficult to grasp.Fourth,the subjective state of mind of the perpetrator is difficult to grasp.The fourth part of the paper is a proposal for the judicial determination of the offence of throwing objects from a height.Based on the results of this paper’s empirical analysis and the consideration of specific cases,we make the following normative recommendations regarding the judicial determination of the offence of throwing objects from a height: firstly,to clarify that the legal interest protected by the offence of throwing objects from a height is ’public order’ and to clearly distinguish it from other crimes;secondly,to analyse the objective aspects of the offence of throwing objects from a height and to accurately grasp the criminal act of throwing objects from a height;and thirdly,to accurately grasp the objective aspects of the offence of throwing objects from a height.Thirdly,the determination of the subjective aspect of the offender is accurately grasped,and the direct intentional crime is distinguished,so that the criminal act of throwing things from height can be accurately combated.