Research On The Judicial Application Of High-altitude Projectile Crime

The Criminal Law Amendment(11)adds the crime of high-altitude projectiles,which demonstrates the concept of inclusive criminal governance of protecting human rights and protecting society,effectively curbs high-altitude projectiles that infringe on people’s interests and disrupt public order,and eliminates the previous drawbacks of using dangerous methods to endanger public safety and finding that high-altitude projectiles constitute a crime and lead to excessive criminal liability.Through comparative analysis of the sample of judgment documents for high-altitude parabolic crime,it is found that there are problems in the judicial application of high-altitude parabolic crime,which has caused improper expansion of judicial application,confusion in the application of crimes,and irregular punishment discretion,which is due to the fact that the crime is a new crime,the academic controversy is large,and the judicial interpretation is missing,coupled with the ambiguity of the conviction standard for this crime,which greatly affects the accuracy of conviction and sentencing.Based on this,academic controversies should be sorted out,and corresponding judicial interpretations should be issued to clarify the conviction standards,so that the discretionary punishment of this crime in judicial application can be more reasonable.This paper has five main research contents: The first chapter is an introduction.It mainly discusses the background of the current judicial application of high-altitude parabolic crime,clarifies the theoretical and practical significance of the research,compares the research status of high-altitude parabolic crime at home and abroad,and briefly describes the research methods and possible innovations.Chapter 2 provides an overview of the crime of high-altitude projectiles.Through the concept of this crime,the concept of the crime is extracted,the constituent elements and subjective forms of the crime are briefly described,and the legislative significance of the independent crime of high-altitude projectiles is demonstrated.Chapter III analyzes the current situation of the judicial application of high-altitude projectile crime,selects 183 judgment documents related to high-altitude projectile crime,analyzes the conviction elements and punishment discretion of high-altitude projectile crime,and analyzes the application of other crimes of high-altitude projectile.Chapter IV analyzes the causes of problems in the judicial application of high-altitude projectile crimes.In view of the problems in the judicial application of the crime of high-altitude projectiles,the main causes of the problems are the unclear protection of legal interests and the nature of the behavior,the ambiguity of the standards for the constituent elements of the crime,the lack of established standards for serious circumstances,and the lack of sentencing rules applicable to fines.Chapter V provides perfect countermeasures for problems in the judicial application of high-altitude projectile crimes.It is clarified that the crime of high-altitude projectiles is a specific dangerous offender that infringes on the legal interests of public order,and the judgment of height should be interpreted in the same way as "building",and the standard of 2.8meters residential floor height is the most appropriate;Whether it is carried out by the actor himself or with the help of tools,it belongs to "throwing",and pushing down the object is also within the scope of interpretation of "throwing";"Article" means any object with dangerous properties;The determination of "serious circumstances" is limited to the judgment of objective illegal elements on the premise of following the principle of legal protection,including three criteria: harm,probability and frequency;It is proposed that the judicial authorities issue rules for the application of fines and penalties to regulate the broad and confusing application of fines and penalties for this crime.