Judicial Determination Of The Crime Of Throwing Objects From High Place

With the development of society,high altitude parabolic events occur frequently.The risk of social harm caused by such practices is increasingly high,which has a serious impact on social security.In the 11 th Amendment to the Criminal Law,the addition of the crime of adding empty parabolic objects reflects the listening and consideration of the opinions of the people,and is also an effective means of preventing and responding to such acts.The final determination of "Criminal Amendment(11)" not only generated many arguments in academic theory,but also made the judicial determination of this crime a difficult problem.Because the legal provisions of this crime are very simple and short in nature,there is no detailed judicial explanation to provide strong support for the elements of its constituent elements.Moreover,everyone has their own views and perspectives on the understanding of the content of the law.This will lead to disagreement and lack of consistent standards of adjudication in practical handling.Therefore,this article will study this crime from the following aspects:The first part first conducts a macro level study of this crime.The article expounds the concept of this crime,summarizes the types and characteristics of this crime,analysis of the constitutive requirements of this crime,and summarizes the legislative value embodied in this crime.The second part is the analysis of the crime scene.The "building" in this crime should be closely linked to "public" or "society".Its scope should be limited,located in public living or activity areas,and non enclosed spaces.The height standard for "other heights" in the crime of throwing objects at high altitude is the height of a one story building(about 2.8m)and above.The starting point of calculation should not be the ground plane,but the plane of the fall,and the landing point should be a public living area.The third part is the judgment of the guilty tools of this crime.The articles in this crime should be limited to objects with the ability to cause danger,and can be divided into inevitable dangerous objects,accidental dangerous objects,and non dangerous objects;Throwing is limited to acts with subjective intent and is different from falling objects.The fourth part is the analysis of the criminal circumstances of this crime.The "serious circumstances" in this crime should adopt the "overall evaluation element theory",and its specific judgment can be based on the subjective degree of malignancy of the wrongdoer,the degree of harm caused by the result,the degree of danger of the act,and the place where the act was committed.The fifth part mainly elaborates the boundaries between crime and non crime,as well as between this crime and similar crimes.According to the description of crimes,comparative analysis and distinction are made between similar crimes from objective,objective,and subjective aspects.