Reseaech On The Dilemma Of Judicial Recognition Of High-Altitude Parabolic Crime In China

In recent years,incidents involving high-altitude projectiles and falling objects have continued to occur,seriously endangering public safety,infringing on the legitimate rights and interests of the people,and affecting social harmony and stability.In order to ensure the "safety above the heads" of the people,on December 26,2020,the Criminal Law Amendment(11)added the crime of high-altitude projectiles.However,the criminal law’s description of the crime of high-altitude projectiles is broad and vague,which is difficult to effectively guide judicial practice.How to accurately identify the behavior of high-altitude projectiles has theoretical value in promoting academic development and practical significance in guiding judicial practice.By sorting out and analyzing the criminal cases related to "high-altitude projectiles" in the official case databases such as the China Judgment Documents Network,this paper summarizes the characteristics of the current judicial determination of high-altitude projectile crimes in China,and disassembles and summarizes the above cases through comparative research methods,and analyzes the following difficulties in the current judicial determination of high-altitude projectile crimes in China: First,the identification standards for "high-altitude" are missing.Second,the characteristics that "things" should have are not clear.Third,the criteria for determining "serious circumstances" are vague.This paper believes that the judicial recognition of high-altitude projectile crime in China should be improved on the basis of adhering to the legislative purpose of high-altitude projectile crime,strictly identifying high-altitude projectile crime,and excluding the application of strict liability,as follows: First,the "high altitude" of high-altitude projectile crime should be understood as a height of more than 2m(including2m)from the fall height datum.Second,the "object" in the crime of high-altitude projectiles should start from the essential level of the object’s "physical harm",specifically considering factors such as the material,density,and danger of the thrown object,and judge whether it can cause serious damage to the legitimate rights and interests of the victim.Third,"serious circumstances" should be comprehensively determined from the aspects of the type of throwing object,the place of the throw,the number of throws,the degree of damage caused by the objects,and the exclusion of acts that are not legally intrusive.