How should high altitude throwing be punished?

How to determine the harm of high-altitude projectiles, if the specific infringer can be identified, it may violate the criminal law and constitute the crime of intentional injury. Where it is difficult to identify the specific infringer, the possible infringer shall compensate unless it can be proved that it is not the infringer. Article 87 of the Tort Liability Law of the People's Republic of China provides that if it is difficult for the specific infringer to determine the liability for damage caused to others by throwing falling objects, objects thrown from buildings, or objects falling from buildings, the building user who may have caused the damage shall compensate unless he can prove that he is not the infringer.

The Supreme People's Court's Opinions on the Proper Handling of Cases of Objects Thrown from Heights in Accordance with Law, (1) For acts of throwing objects from high altitudes, the degree of social harm of the conduct should be comprehensively considered, the nature of the conduct should be accurately judged, the charges should be correctly applied, and punishment should be accurately determined on the basis of the perpetrator's motive, the location of the object, the object being thrown, and the consequences, and (2) where an object is intentionally thrown from a height that has not yet caused serious consequences, but is sufficient to endanger public safety, it is to be convicted and punished in accordance with article 114 of the Criminal Law for the crime of endangering public safety by dangerous means, causing serious injurywhere there is death or major losses of public or private property, punishment is to be given in accordance with the provisions of the first paragraph of Criminal Law article 115, and where the conduct described above is carried out with the purpose of injuring or killing a specific person, it is to be convicted and punished as the crime of intentional injury or intentional homicide.

3) Severely punish the crime of throwing objects from heights in accordance with law, and in any of the following circumstances, give a heavier punishment, and generally do not apply a suspended sentence, (1) it is carried out multiple times, (2) it continues to be enforced after being dissuaded, (3) it has already been carried out after receiving a criminal punishment or administrative punishment, (4) it is carried out in a crowded place, (5) it is carried out in other serious circumstances, (4) it is accurately determined that the crime of falling objects from a height is an item that falls from a height due to negligence, causing death or serious injury.

Throwing objects from high altitudes is a highly dangerous behavior, seriously endangering public safety, infringing on the legitimate rights and interests of the people, affecting social harmony and stability, and has serious social harm, and where the circumstances are serious, criminal responsibility is pursued for the crime of throwing objects from high altitudes.

I feel that I should be criminally punished because throwing objects from high altitudes is very dangerous and can cause fatal injuries to others.

At present, there are no clear provisions on high-altitude objects, and they should generally be determined in conjunction with specific cases, but as long as the objects are thrown from a certain height, causing physical damage to the person or property of others, or there is a possibility of endangering the person or property of others, the crime of throwing objects from high altitudes is constituted. Then, to constitute the crime of throwing objects from high altitudes at the same time, it is also required to reach the degree of seriousness of the circumstances.

For those who throw objects from high altitudes, they should be punished severely, because throwing objects from high altitudes may lead to the death of the people below, and those who should be allowed to throw objects from high altitudes should be in a closed state at home, so that he cannot absorb fresh air from the outside world, so that he knows how important it is to have a good environment, and he can realize the seriousness.

If the circumstances are serious and need to be punished, depending on the seriousness of the matter, if there are no consequences, a warning will be given.

It is generally an administrative penalty, and if it is of a heinous nature, it is very likely to bear criminal responsibility.

It depends on the specific situation of high-altitude throwing objects, but in any case, high-altitude throwing objects is a very dangerous behavior and will be severely punished by the law.

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.

Throwing objects from high altitudes, causing personal injury or property damage to others, is an illegal act of civil tort, and civil liability for compensation must be borne; Causing the death of another person may constitute the crime of negligence causing death, which is a criminal act, and criminal liability and civil liability for compensation must be borne.

If the high-altitude object does not injure anyone, it may be punished in accordance with the law on penalties for violating the public security administration: a warning or a fine of less than 200 yuan; where the circumstances are serious, they are to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB. Our law prohibits throwing objects from buildings.

Throwing objects from high altitudes is an illegal act, and if the circumstances are serious, criminal responsibility shall be pursued in accordance with law.

Legal basis:

Article 233 of the Criminal LawThe crime of negligence causing death refers to the act of depriving others of their right to life by negligently believing that the death of another person could be avoided due to negligence or having foreseen it.

Article 291Where 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 conduct in the preceding paragraph simultaneously constitutes another crime, follow the provisions for the heavier punishment at trial and sentencing.

Article 24 of the Law on Public Security Administration PunishmentsAnyone who throws sundries into the venue, refuses to heed the stop, or disrupts the order of large-scale mass activities such as culture and sports, shall be given a warning or a fine of up to 200 yuan; where the circumstances are serious, they are to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB.

Objects thrown from high altitudes are to be punished according to the circumstances, and those with less serious circumstances are to be punished in accordance with the administration of public security, and if the circumstances are serious, they are suspected of constituting the crimes of intentional homide, intentional injury, and endangering public safety by dangerous means. Throwing objects from high altitudes is an act that endangers social and public safety. In the absence of serious consequences, the police may impose public security penalties on the parties, and if a serious crime is constituted, they must bear corresponding criminal responsibility.

Article 1253 of the Civil Code of the People's Republic of China: Where a building, structure or other facility and its shelving or hanging object falls off or falls, causing damage to others, and the owner, manager or user cannot prove that he or she is not at fault, he 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.

The penalties for throwing objects from high altitudes are: 1. In the absence of serious consequences, the police may impose public security penalties on the parties; 2. If the circumstances of the brother's hardship are serious, a crime will be constituted and the corresponding criminal responsibility shall be borne and shall be generally sentenced to fixed-term imprisonment of not more than one year, short-term detention or controlled release, and/or a fine.

Analysis of the law of law wide and chong:

Throwing objects in the air with high caution and causing personal injury or property damage to others is an illegal act of civil tort and must bear civil liability for compensation; Causing the death of another person may constitute the crime of negligence causing death, which is a criminal act, and criminal liability and civil liability for compensation must be borne.

Legal basis: 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 the liability for infringement of the right 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.

1. First of all, it is illegal for the upstairs residents to throw garbage downstairs, which is a high-altitude throwing object, and the Supreme People's Court issued the "Opinions on the Proper Trial of High-altitude Throwing and Falling Objects Cases in accordance with the Law", and the "Opinions" put forward specific measures for the effective prevention and punishment of high-altitude throwing and falling objects, which clearly stipulates that high-altitude throwing objects can be punished as intentional homicide at most. "Where items are intentionally thrown from a height, and have not yet caused serious consequences, but are sufficient to endanger public safety, they are to be convicted and punished in accordance with the crime of endangering public safety by dangerous means as provided for in Article 100 and 14 of the Criminal Law; Where serious injury or death is caused, or major losses are caused to public or private property, punishment is to be given in accordance with the provisions of paragraph 1 of Criminal Law article 115.

Where the conduct described above is carried out for the purpose of injuring or killing specific persons, it is to be convicted and punished in accordance with the crimes of intentional injury or intentional homicide. "Severely punish the crime of throwing objects from high altitudes in accordance with the law. In any of the following circumstances, a heavier punishment shall be given, and a suspended sentence must not be applied

1) Implemented multiple times; (2) where the implementation continues after being dissuaded; (3) Where it is carried out after receiving a criminal punishment or administrative punishment; (4) Implemented in crowded places; (5) Other circumstances where the circumstances are serious. "There are three main categories of high-altitude and falling objects: building exterior wall attachments, billboards, etc., which suddenly fall and injure pedestrians.

High-rise residents discarded their belongings, causing injuries to pedestrians downstairs, balcony flower pots, window glass, etc., falling and injuring others.

2. In the face of the upstairs residents throwing garbage downstairs, the downstairs residents can call the chain base to contact the property and let the property deal with it.

As for the downstairs residents pouring stinky tofu into the elevator, it is also a very wrong practice, because the elevator is a public passage for everyone to enter and exit, and it is a confined space. Why don't you want to solve the problem with the downstairs residents, but solve the problem with a one-to-one report method, which will only make things more and more complicated. Littering has not been disposed of, and it pollutes the elevator room, these two kinds of people are very unqualified people, just thinking about their own gains and losses, not considering the feelings of others, and making people understand, how to understand?

3. Everyone is a neighbor living in a building, upstairs and downstairs, what is there to get by, why do you have to throw garbage downstairs, not to mention the sanitation and mess, it is easy to hurt people. Downstairs poured stinky tofu into the elevator, polluting the elevator space, and making people understand, how can everyone understand? The people in this unit of this building are really unlucky, how can they meet such two strange residents with poor quality, it is really rare.

It is not easy for everyone to live in a unit, and it is the minimum responsibility of a citizen to live in harmony with each other, jointly maintain the health and safety of the public space, and take care of the facilities of the public space.