The Doctrinal Interpretation of"Serious Circumstances"in the Crime of Throwing Objects at High Altitude--Based on the Systematic Integration of Criminal Law and Public Security Administration Punishment Law
The"Public Security Administration Punishment Law(Revised Draft)"brings"serious circumstances"in the crime of throwing objects at high altitude into the scope of public security administration punishment regulation.It is the same as the threshold for criminalization of"serious circumstances"in the"Amendment(11)to the Criminal Law".In judicial practice,it will face interpretative dilemmas.The"serious circumstances"in the crime of throwing objects at high altitude belong to the overall evaluation requirement in terms of system positioning.That is,when the behavior meets the basic elements of the objective constituent requirements,the behavior should also be evaluated as a whole to determine whether the behavior reaches the level of punishment.This crime belongs to a specific dangerous crime,and its legal interest is order in public places.Based on the perspective of the integration of Criminal Law and Public Security Administration Punishment Law(Draft),the subjective form of offense for the crime of throwing objects at high altitude is limited to intention,and the judgment of"serious circumstances"needs to focus on the throwing place,the number of throwing times,the objects thrown and the throwing time.Four elements are unfolded.If any of the elements of the throwing place,the number of times,the objects thrown,and the time of throwing increase by one degree of illegality,it conforms to the"serious circumstances"situation in the"Public Security Administration Punishment Law(Draft)";if any of the above four elements increases by multiple illegality,it will be included in the"serious circumstances"situation of the crime of throwing objects at high altitude.
Crime of Throwing Objects at High AltitudeSerious CircumstancesLinkage between Administrative Enforcement and Criminal JusticePublic Security Administration Punishment Law
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