Study On The Judicial Determination Of The Crime Of High-Altitude Projectiles

The crime of throwing objects from high buildings is undoubtedly one of the controversial focuses of the Criminal Law Amendment(11).However,throughout the innovation of the legal provisions of throwing objects at high altitude and the continuous growth of this action in recent years,it is inevitable that this behavior will eventually be regulated by criminal law.After the establishment of new crimes,with the judgment document network as the retrieval platform,from 2021 to 2022,there are more than one hundred cases of high-altitude parabolic objects,which poses a great threat to people’s property and even personal safety.With the continuous development of the economy,the number of residents in large cities has gradually increased.It can be considered that high-altitude parabolic behavior is a fearful thing in terms of the safety of people’s heads in the future.It is precisely because the parabolic behavior at high altitude will still occur,which makes the research of this problem particularly necessary.Although the Criminal Law of the People’s Republic of China.Article 291,paragraph 2,stipulates the act,however,due to the alternation of the old and new laws,in the process of judicial practice,there are differences in the charges,sentencing and identification standards of the act,and there are different judgments in the same cases.The reason is that the law’s provisions on the act are simple,which leads to the judge’s vague criteria for the determination of the act in the process of judicial practice.Therefore,this paper takes the judicial determination of the crime of throwing objects at high altitude as the starting point,and studies the problems worthy of analysis involved in this crime under the background of the new law.This paper is divided into the following parts:firstly,the introduction of the background of the topic,and the research on the crime of throwing objects at high altitude at home and abroad,and the innovation of this paper.Secondly,starting from the case and based on the evolution of relevant laws in China,the problems and deviations in the process of judicial determination of the behavior are put forward.Finally,according to the existing problems,find solutions to solute it.The reason for the deviation in the identification of the crime of throwing objects at high altitude is that the identification of the constitutive elements of the crime is vague.Therefore,the constitutive elements of this crime are studied,and the appropriate and reasonable identification methods are finally determined,and the boundaries between this crime and non-crime,this crime and other crimes are clarified.