Research On The Controversy Of Judicial Recognition Of High-altitude Projectile Crime

The addition of the criminal law of high-altitude parabolic crime has put an end to the situation that some high-altitude projectiles with certain social harm are "unable to follow",and the judicial determination of high-altitude parabolic crime is becoming the focus of attention in theoretical and practical circles.At present,there is no relevant judicial interpretation to clarify the specific application of the crime of high-altitude parabolic crime,resulting in different evaluation standards in judicial practice,seriously affecting judicial authority.It can be seen that there are some difficult problems in judicial practice that need to be further explored.Based on the effective jurisprudence since the establishment of the crime of high-altitude parabolic crime,this paper studies the definition of the protection of legal interests of highaltitude parabolic crime,the determination of " gravity of the circumstance ",and the determination of subjective contents.The full text is mainly divided into three parts.In the first part,the legal interest protected by the crime of high-altitude parabolic crime is "public order",which is different from "public safety" and makes a distinction between "public order" and "public safety".The second part clarifies the elements of determining "gravity of the circumstance " from an empirical point of view,and puts forward the idea of determining it.The judgment elements include: the situation of the thrown item,the height of the projectile,the location of the throw,the consequences of damage,multiple projectiles,subjective malignancy,etc.Where the consequences of the damage meet the provisions of paragraph 2 of the Criminal Law article of this crime,conviction and punishment shall be in accordance with the provisions on heavier punishment.In the third part,the subjective aspect of the crime of highaltitude projectiles can only be constituted by intention,and negligence does not constitute this crime.There are both direct and indirect intentional situations of intentionality.