Doctrinal Analysis and Normative Application of the Crime of Throwing Objects at High Alti-tude from the Perspective of Two-tier Legal Interests
The protection of the crime of throwing objects at high altitude has two-tie legal interests:the public order is the"barrier layer",and the personal legal interests such as human life,health and property are the"back layer".In terms of function,the relationship between them is the means and the purpose.The key of judicial judgment of the crime lies in the reasonable ex-planation of the constitutive elements of the crime,the determination of the penalty range,and the basis for the boundary between the crime and civil torts and other charges.On the one hand,based on the two-tier legal interest guidance,the constitutive elements such as behavioral ele-ments,high altitude,serious circumstances and subjective intent are given substantive explana-tions.On the other hand,the article 2 of the crime should be regarded as imaginary conjoining,combining with the existing legislative and judicial interpretations,to clarify the conjoining rela-tionship and applicable rules between this crime and other crimes.
the Crime of Throwing Objects at High AltitudeTwo-tier Legal Intereststhe Serious CircumstancesImaginative ConcurrenceDangerous Crime
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