The reason for high altitude projectiles, how to deal with high altitude projectiles

High-altitude projectiles. The phenomenon was once called "the pain hanging over the city". In Shanghai's "bad habits ranking", it ranks second along with "littering".

Throwing objects from high altitudes is an uncivilized behavior, and it will bring great social harm. So what are the causes of high-altitude projectiles?

With the city high-rise buildings.

With the continuous acceleration of China's urbanization process, urban social management is facing many challenges, including the phenomenon of high-altitude projectiles. There are many reasons for the phenomenon of high-altitude throwing objects, in addition to the accidental high-altitude falling objects, the information you provide, the reasons for high-altitude throwing objects, such as residents' weak legal awareness, lack of moral concepts, etc., which is from the perspective of adults.

Judging from the objects thrown from high altitudes, they are all useful things, and the high-altitude throwers may have certain psychological problems, such as family and marital conflicts, such as residents' emotional venting. From the perspective of the time of high-altitude throwing, the possibility of adolescent students also exists, and from the analysis of objects combined with time points, then adolescents have psychological problems or behavioral problems. Such as bad habits and lack of family upbringing; Such as child behavior problems, impulsiveness, aggression, and even destructive behavior problems, such as pranks.

class behavior; Such as emotion management.

Problem, if the emotional problem is serious, lack of emotional management ability, smashing people and destroying things, and throwing objects in the air become a way to vent emotions.

In the face of these problems, especially adolescent behavior problems, targeted guidance and help are needed. In fact, with the acceleration of urbanization, although rural residents have moved to the cities, their hearts have not yet been integrated into the cities, and there is a psychological barrier, especially among teenagers. The number of high-rise buildings, the closed world of the community, the reduction of opportunities for teenagers to go downstairs, the lack of activity space and activity content, and the lack of normal channels for emotional venting.

Negative emotions. increase, lack of a way to vent, small objects often become "victims, residents become real victims."

In the face of these problems, especially adolescent behavior problems, it is generally dealt with from 4 perspectives:

The first is social response, that is, to innovate social management, actively and comprehensively promote urbanization, and comprehensively implement the rule of law.

Strengthen the legal and moral publicity of the community, increase the number of places and facilities for youth activities in the community, and establish a community subculture.

The second is to respond in schools, pay attention to the mental health of adolescents, and educate adolescents to learn emotional management.

The third is family coping, caring for the mental health of adolescents in adolescence, improving the family mentality environment, and correcting children's behavior problems.

Fourth, children need to strengthen their legal and moral cultivation, effectively identify negative emotions, learn ways to resolve emotions, and actively participate in beneficial social and cultural activities.

The parabolic principle forms the arc.

Article 1254 of the Civil Code of the People's Republic of China prohibits throwing objects from buildings.

Where objects thrown from a building or objects falling from a building cause damage to others, the infringer shall bear tort liability in accordance with law; Where it is difficult to determine the specific infringer after investigation, the user of the building who may have caused the harm shall compensate unless it can be proved that he is not the infringer. The user of the building who may have caused the harm has the right to recover compensation from the infringer after compensation.

Depending on the circumstances, punishment is to be given in accordance with the administration of public security where the circumstances are relatively minor, and where the circumstances are serious, it is suspected of constituting the crimes of intentional homicide, intentional injury, and endangering public safety by dangerous means.

Data Extensions

In February 2021, the Supplementary Provisions of the Supreme People's Court and the Supreme People's Procuratorate on Enforcement and Determination of Charges (VII) stipulated the crime of throwing objects from high altitudes.

Damage caused by objects thrown from high-rise buildings or falling objects refers to the tortious acts of objects thrown from buildings or objects falling from buildings causing damage to others, and it is difficult to determine the tort of the specific infringer.

1. Under ideal conditions, if air resistance is not counted, high-altitude projectiles are only affected by gravitational acceleration and gravitational force;

2. The force received by the object due to the attraction of the earth is called gravity, and the force applied by gravity is the center of the earth, and the direction of gravity is always vertical downward;

3. There is a mutual attraction between any objects, and the magnitude of this force is directly proportional to the mass of each object and inversely proportional to the square of the distance between them.

The countermeasures for encountering high-altitude projectiles are as follows:

1. Immediately conduct an investigation, quickly identify the direction of the projectile, the floor number, and the location, and try to find the violator.

2. If necessary, you can issue a warning to the offender and report to the police. If the offender cannot be identified, notify all owners if necessary and point out the seriousness of the act.

3. Send someone to take care of the thrown items, such as the thrown items smashing public facilities, vehicles, etc., and use coils to enclose them, and take pictures for archiving.

4. Record all the details in the daily management record book of the property.

To sum up, when encountering a falling object from a height, you should first use your existing equipment, such as mobile phones and other electronic devices, to take photos and record evidence; The second is to protect the scene and deal with the alarm; In the end, after the ** arrives, cooperate with the noisy action of the **jujube.

The principles of attribution of liability for falling objects from heights are as follows:

The principle of liability applicable to falling objects from high altitudes is the principle of no-fault liability. Where buildings, structures, or other facilities, as well as their shelves or hanging objects, fall off or fall, causing damage to others, and the owner, manager, or user cannot prove that they are not at fault, they shall bear tort liability. After the owner, manager or user makes compensation, if there are other responsible persons, they have the right to recover from the other responsible persons.

Legal basis]:

Article 291 of the Criminal Law of the People's Republic of China.

Where objects are thrown from buildings or other heights, and the circumstances are serious, a sentence of up to one year imprisonment, short-term detention or controlled release is to be given, and/or a fine. Where the conduct in the preceding paragraph is concurrently constituted as a crime, follow the provisions for the heavier punishment at trial and sentencing.

Article 1200 of the Civil Code of the People's Republic of China.

It is forbidden to throw objects from the building. Where an object thrown from a building or an object falling from a building causes damage to others, the infringer shall bear tort liability in accordance with law: if it is difficult to determine the specific infringer after investigation, the user of the building who may have caused the harm shall compensate unless it can be proved that he is not the infringer.

The user of the building who may have caused the harm has the right to recover compensation from the infringer after compensation.

The solution to the high-altitude projectile is as follows:

1. Handling of high-altitude throwing incidents: the infringer bears tort liability in accordance with the law; If it is difficult to determine the specific infringer after investigation, the user of the building who may have caused the harm shall compensate unless it can be proved that he is not the infringer;

2. The user of the building who may have caused damage has the right to recover compensation from the infringer after compensation. If a property management service enterprise or other building manager fails to take necessary security measures, it shall bear tort liability for failing to perform its safety guarantee obligations in accordance with law;

3. If there is no accident loss, find the perpetrator as soon as possible, point out the accident and its harm, and the public security punishment it may face, and advise him not to commit it again;

4. Strengthen the supervision of those who have thrown objects from high altitudes;

5. If no one witnesses the perpetrator, the falling objects should be removed in time, and inquiries and investigations should be conducted among the residents of the relevant floors where the perpetrator may occur.

Legal basis]:Article 1254 of the Civil Code of the People's Republic of China.

It is forbidden to throw objects from the building. Where objects thrown from a building or objects falling from a building cause damage to others, the infringer shall bear tort liability in accordance with law; Where it is difficult to determine the specific infringer after investigation, the user of the building who may have caused the harm shall compensate unless it can be proved that he is not the infringer. After the user of the building that may have caused the harm is compensated, you have the right to recover compensation from the infringer.

Property management enterprises and other building managers shall take necessary security measures to prevent the occurrence of the circumstances provided for in the preceding paragraph; Where necessary security measures are not employed, tort liability for failure to perform security obligations shall be borne in accordance with law.