Judicial Determination Of The Crime Of Throwing Objects From High Altitud

Throwing objects from a height has become one of the objects regulated by the Criminal Law Amendment(XI),which provides a clear basis for the judicial authorities to deal with relevant cases of criminal and penal norms,and follows the provisions of the statutory principle of crime and punishment in the form.However,there are still many issues to be discussed in the judicial determination of the criminal and penal norms of throwing objects from a height.The academic community on how to interpret the elements of the crime of throwing objects from a height,how to determine the crime of attempt,attempt and other aspects of the controversy,and the distinction between its related crimes also need to be further clarified.Therefore,it is necessary to do further research on the judicial determination of the crime of throwing objects from height from the legislative background,legal evolution and legislative significance.The object of the crime of throwing objects from a height is the public order of society.Judicial officers in the determination of the objective aspects of the crime,according to the specific circumstances to make substantive judgments: such as "aerial" to meet the relative height difference,can produce real danger;"throwing,throwing" must be the initiative of the perpetrator for;"articles The scope of "articles" should not be too restrictive,according to the specific facts of the case to determine whether the articles can cause harmful consequences.The standard of"aggravating circumstances" should be considered from both the "quality" and "quantity"perspectives.There are two types of subjective guilt in this crime-direct intention and indirect intention.In judging the attempt of the crime and the competing crimes,the criterion should be"whether the crime object is infringed on the public order".On this basis,it is necessary to further clarify the boundary between the crime and the crime of endangering public safety by dangerous means,the crime of provocation and the crime of intentional homicide and intentional injury in subjective and objective aspects.