Research On The Criminal Law Regulation Of High Altitude Parabolic Behavior

In 2021,the Eleventh Amendment to the Criminal Law was promulgated,and high-altitude throwing behavior was officially included in the scope of criminal law regulation.The provisions on high-altitude throwing are reflected in Article 291-2 of the Criminal Law of the People’s Republic of China,which stipulates that those who throw objects from buildings or other high-altitude objects and the circumstances are serious shall bear the legal responsibility of imprisonment for not more than one year,detention or public surveillance,and shall also or only be fined.If the above behavior is met or other crimes resulting from it,they shall be convicted and punished according to the principle of severity.In fact,prior to the provision of this clause,the act of throwing objects at high altitudes had already been regulated in other departmental laws.Due to the continuous progress of urbanization and modernization in China,high-altitude buildings have sprung up like mushrooms after rain,and related types of illegal activities have also shown an explosive growth.There is also ongoing academic debate on whether high-altitude throwing should be included in the criminal law.For a long time,high-altitude throwing behavior has been regulated by civil law or administrative law,but with the increase of floors,the danger of its behavior has also sharply increased.On the other hand,due to the high density of buildings,the accompanying dense population and blind spots,it is difficult to accurately detect high-altitude parabolic objects.In addition,the court mostly determines various cases of malignant consequences caused by high-altitude throwing as crimes of endangering public safety through dangerous methods to quell public anger,which in turn leads to inconsistent behavior and punishment,leading to judicial injustice in the case.In addition,it is noteworthy that at the level of criminal law,incorporating light acts into criminal law seems to have become a trend,which will inevitably have an impact on the tone of future criminal law.Looking at various criminal law amendments,the evolution of criminal law provisions can be seen.This article believes that it is necessary to consider the current legislative issues regarding the crime of high-altitude throwing in China.At the same time,by referring to foreign judicial practice experience and combining with the corresponding legal and practical background in China,inappropriate punishment forms can be corrected,and high-altitude throwing behavior can be punished and warned from a more scientific and effective level.This article is based on the current Criminal Law Amendment(Ⅺ),focusing on the legal research of high-altitude throwing behavior,tracing back to its origin,elaborating on the legislative background and reasons for the criminalization of high-altitude throwing behavior under the guidance of relevant theories,and clarifying the legislative logic of China.In addition,based on this,clarify the specific categories of high-altitude throwing behavior in current legal provisions,analyze relevant key elements,explain the differences between the Criminal Law Amendment(Ⅺ)and previous drafts,and the impact of the Criminal Law Amendment(Ⅺ)on the criminalization of high-altitude throwing behavior.At the same time,This article discusses the legal attribution of the crime of high-altitude throwing and the distinction and determination between high-altitude throwing behavior and other related charges.It also analyzes the problems existing in the criminal law regulation of high-altitude throwing behavior,clarifies the theoretical and legislative issues related to the application of high-altitude throwing law,and seeks to improve and correct legislative provisions and relevant legal provisions guiding judicial practice.In addition to the introduction and conclusion,this article is divided into four parts:The first part summarizes the development and evolution process of high-altitude throwing into punishment in the modern legislative process,analyzes and discusses the legislative context of high-altitude throwing into punishment and the necessary reasons for its punishment,aiming to analyze the internal logic of the official introduction of high-altitude throwing into punishment in China,and explain the necessity of high-altitude throwing into punishment.From the perspective of the "Criminal Law Amendment(11)",The discussion focuses on the specific changes in the officially introduced provisions compared to the previous draft,mainly including the changes in the location of the provisions and the specific expression of the provisions.In addition,there is the impact of the Criminal Law Amendment(11)on the criminalization of high-altitude throwing behavior.In this issue,this article discusses whether the crime of throwing objects from high altitude should be classified as "the crime of throwing objects from high altitude" or "the crime of throwing objects from high altitude" in the academic community before the punishment of throwing objects from high altitude.It also suggests that one of the impacts of the Criminal Law Amendment(11)on the punishment of throwing objects from high altitude is to assist in the final determination of its charges.In addition,there has been a lot of discussion in the academic community about whether the crime of throwing objects at high altitude is an abstract abstract dangerous crime or a specific dangerous crime.This article discusses the main characteristics and dangerous consequences of abstract dangerous crimes and specific dangerous crimes,and believes that the crime of throwing objects at high altitude should belong to specific dangerous crimes in order to be more in line with judicial practice.The second part discusses the possible situations of high-altitude throwing behavior at the level of criminal law regulation,which can be divided into several aspects: high-altitude throwing behavior constitutes the crime of high-altitude throwing,the crime of causing trouble,the crime of endangering public safety by dangerous methods,and other crimes that infringe on personal or property rights.This article believes that when identifying high-altitude throwing behavior as the crime of high-altitude throwing,it is necessary to consider whether the behavior has serious social harm,and if it has serious social harm,criminal sanctions should be imposed.For high-altitude throwing behavior that does not cause harm or has relatively minor circumstances,judicial authorities should be highly cautious and vigilant during the trial process.Specifically,it is impossible for the act of throwing objects at high altitudes to occur and be arbitrarily punished as the crime of throwing objects at high altitudes.In addition,before the high-altitude throwing behavior was punished,the criminal law regulations for this behavior were often replaced by the crime of causing trouble.Due to the serious social harm caused by high-altitude throwing behavior,and the consistency between high-altitude throwing behavior and the crime of causing trouble in terms of "intimidating others","randomly damaging public and private property",and "causing trouble",in practice,it is necessary to apply this crime with caution.For some high-altitude throwing behaviors with potential typified risks,targeted analysis and evaluation should be conducted,The crime of causing trouble with strong supplementary colors cannot be simply punished.If high-altitude throwing behavior is to constitute the crime of endangering public safety by dangerous means,the primary condition is that it infringes on the safety of unspecified individuals.Compared to the sentencing of the crime of throwing objects at high altitudes,it is evident that the punishment faced by the crime of endangering social public safety through dangerous methods is relatively heavy.Therefore,if a certain type of high-altitude throwing behavior may endanger the life and health safety of unspecified individuals,such behavior will ultimately be recognized as the crime of endangering public safety through dangerous methods.Finally,due to the diversity of types of high-altitude throwing behavior.In practice,there may also be crimes of intentional injury,murder,or destruction of property,which are discussed in this article.The third part discusses the problems that exist after high-altitude throwing into punishment,mainly focusing on two aspects of conviction and sentencing.This article believes that in terms of conviction,due to the lack of accurate legal provisions to distinguish administrative illegality from criminal offenses,this core issue has not been resolved.Therefore,previously,high-altitude throwing behavior was mostly regulated by civil or administrative legal norms.After high-altitude throwing was sentenced,the problems caused by the blurry boundary between administrative illegality and criminal offenses became particularly prominent in judicial practice.In addition,because of the fuzziness of legal concept,the universality of language and vocabulary,and the related concepts of the crime of throwing objects from high altitude,such as "high altitude","throwing objects","buildings","serious circumstances",etc.,ambiguity will arise according to the differences in the social cognition of the characters,which also causes that after the act of throwing objects from high altitude is punished,there is no positive legal regulatory consequences.On the contrary,many cases even have different judgments in the same case Negative impacts such as judicial injustice.In terms of sentencing,this article believes that the main two issues are: firstly,the legal promotion conditions for the crime of throwing objects from high altitude have been repeatedly implemented and are not clearly defined in sentencing;secondly,the subjective provisions on intent and negligence are also unclear,leading to confusion in sentencing.What is’ multiple implementations’ ?What are the specific times? These extremely important standards have not been legally established.Due to the lack of programmatic provisions on "multiple implementations" in the general provisions of China’s criminal law,there is a lack of basic guidance for resolving disputes when conflicts arise in judicial practice,which affects the accurate application of criminal law provisions.According to the provisions of the crime of throwing objects at high altitudes,it is not accurately stated whether the crime of throwing objects at high altitudes belongs to intentional or negligent crimes.Many perpetrators of throwing objects at high altitudes actually do not show deliberate avoidance of harmful consequences,nor do they take measures to avoid the consequences.Their main intention is to allow the harmful consequences to occur,but the court finds it to be negligent,which clearly reduces the severity of the punishment,In addition,there are also cases where the actual fault should be negligence but the court handles it according to indirect intent,which damages the punishment function of the criminal law and fails to effectively play its preventive function,resulting in the sentencing issue in high-altitude throwing cases becoming a persistent problem during the trial.The fourth part focuses on the improvement of legislation on the crime of throwing objects at high altitudes.Based on the previous analysis of the difficulties in conviction and sentencing,the author proposes relevant improvement suggestions in this section.In response to the issue of vague conceptual provisions in the criminal law regulation of high-altitude throwing behavior mentioned above,this article believes that it is necessary to establish corresponding legal norms to clarify the connotation of vague concepts,and also analyzes the accurate meanings of each concept from the objective and subjective aspects of high-altitude throwing crime;In response to the issue of unclear boundaries between administrative illegality and criminal offenses in criminal law regulations for high-altitude throwing behavior,most high-altitude throwing behaviors in practice do not meet the standards for criminal identification,which to a large extent leads to relatively low illegal costs and thresholds for such criminal behaviors.In contrast,the cost of safeguarding rights is relatively high.To solve this problem,the necessary measures are to closely connect relevant laws and regulations,It mainly includes two aspects: improving and perfecting administrative legislation,and constructing a comprehensive and systematic responsibility system.At the same time,in order to solve the dilemma of high altitude parabolic behavior in criminal law regulation caused by judicial blank,it is also a way to promulgate relevant judicial interpretation and guide cases in time.Considering the complexity of the behavioral characteristics of high-altitude throwing behavior and the current regulatory measures of criminal law,exploring the criminal law regulatory path strategy for high-altitude throwing behavior is a feasible theoretical and practical proposition.