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Neither ignorant nor virtuous!
In real life, we will often encounter such incidents, where someone throws garbage down the stairs from a high place in order to run a few steps less, regardless of whether there is a car or someone underneath, and they are so indifferent, or even inappropriate. In real life, we will often encounter such incidents, where someone throws garbage down the stairs from a high place in order to run a few steps less, regardless of whether there is a car or someone underneath, and they are so indifferent, or even inappropriate.
In recent years, many of us have heard that so-and-so wanted to commit suicide and killed innocent people passing by on the ground when he jumped off the building. There is more than one such example, and such people are not alone. It is reported that the behavior of throwing cigarette butts and garbage from a high place is often encountered, and this is why once it hits people or damages objects, it is not a word or two sorry that can be solved.
In my opinion, the elimination of high-altitude throwing objects should start from many aspects, one is the supervision and management of parents, and the other is the timely discovery and prevention of community properties.
But one's own understanding and literacy are the key, we must have a sense of public morality, think more about whether our behavior is correct before doing things, and be a moral person.
Case in point: Ashtray case
On the night of May 10, 2000, when citizen Hao passed by the downstairs of Nos. 65 and 67 Xuetianwan Street, an ashtray fell from the sky and knocked him unconscious on the spot.
Result: The court of first instance ruled that 22 of the 24 households should jointly share the liability of more than 160,000 yuan.
1. High-altitude throwing objects are prone to danger, and sometimes even a small coin or a small stone falling from a high altitude may endanger the life and property safety of passers-by in the community.
Second, high-altitude throwing objects will destroy public environmental sanitation, and the beautiful environment of the community created by everyone has been destroyed by this flying thing that fell from the sky, sometimes it is a cabbage, sometimes it is a pile of toilet paper, sometimes it is a pile of domestic garbage.
Third, it reflects the basic qualities of the residents of a society.
Relevant provisions on the crime of throwing objects from high altitudes
On the basis of article 291 of the Criminal Law of the People's Republic of China, anyone who throws objects from buildings or other heights, and the circumstances are serious, is to be sentenced to up to one year imprisonment, short-term detention or controlled release, and/or a fine.
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First of all, high-altitude projectiles are both ignorant and immoral.
I still remember when I was in high school, the classroom was on the second floor, and once the boy in my class was playing football in the classroom, unfortunately he flew out of the window and hit the head of a passing girl below, and the girl passed out and suffered a hemorrhage in the brain. As you can imagine, how dangerous it is to throw objects from high altitudes, let's take a look at a picture.
However, there are many examples of injuries caused by falling garbage from high altitudes, and news reports are endless.
Therefore, the first thing that is done by those who throw objects from high altitudes is ignorance. Of course, I don't think we have enough knowledge in this area. For example, our grandparents' generation lacked knowledge because they did not have access to knowledge and information in a timely manner.
I thought it was just an egg shell, an unwanted spoon, and an apple core that I had eaten......
Those who throw objects from high altitudes, secondly, are immoral. There are always people who will have a luck mentality: "There are few people downstairs, just throw an eggshell, and it's good if there is no one downstairs".
Not to mention whether it will hit people and cause injury, throwing garbage down will cause environmental pollution and increase the workload of sanitation workers, which is extremely immoral and responsible. Perhaps if everyone had a moral heart, such a tragedy would not have happened.
The phenomenon of high-altitude projectiles is also known as the "killer that falls from the sky", so how can we protect ourselves or how to avoid it?
1.Pay attention to warning signs, there are often warning signs and other signs on road sections that often fall objects, pay attention to check and detour.
2.Be alert to tall buildings, pay attention as you pass by, and pass quickly.
3.On windy and rainy days, pay more attention to the surrounding environment, and try to avoid buildings with aging walls and hanging objects when walking.
4.Do not pile potted plants, hang mops, etc. on the balcony of a residential building.
5.Regularly inspect the exterior windows of the house for deformation, crackage or looseness, and repair them in time if there is a problem.
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Because throwing objects from high altitudes is an uncivilized behavior, and it can bring great harm. According to the calculation of physical principles, even if the mass of the object dropped from high altitude is very light, as long as the height is high enough, then the potential energy of the object with the gravitational tansun hail is also very large, and the speed will be faster and faster in the process of downward motion, and the kinetic energy converted into will be larger.
The phenomenon of high-altitude throwing objects was once called "the pain hanging over the city", which is very common in real life, some accidentally touch the object, some are deliberately thrown down the object during the quarrel, and some even throw the object from the high altitude at will, but no matter what kind of thing, it will bring great social harm.
On March 1, 2021, the latest amendments to the Criminal Law came into effect, and "high-altitude throwing objects" was officially criminalized, which may not only harm others, but also have a certain impact on oneself and one's family.
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The reason why you can't throw objects from high altitudes is that it is an illegal act of fighting.
Throwing objects from high altitudes is an uncivilized behavior, and it can cause great harm. According to the calculation of physical principles, even if the mass of the object dropped from high altitude is very light, as long as the height is high enough, then the gravitational potential energy of the object is very large, and the speed will be faster and faster in the process of downward motion, and the kinetic energy converted into will be greater.
The phenomenon of high-altitude throwing objects was once known as the pain hanging over the city, which is very common in real life, some accidentally touch objects, some are deliberately thrown down objects during quarrels, and some even throw objects from high altitudes at will, but no matter what kind of thing, it will bring great social harm. On March 1, 2021, the latest amendments to the Criminal Law came into effect, and "high-altitude throwing objects" was officially criminalized, which may not only harm others, but also have a certain impact on oneself and one's family.
Ways to avoid it
Usually observe the canopy on the first floor. When you want to pass a high-rise building, first look at the canopy on the first floor, if there is a lot of garbage on the canopy, it means that the quality of the residents upstairs is not high, and they may throw objects in the air at any time. You can also learn about the information with the cleaning aunt, for the places you need to hang out often, you should usually chat with the cleaning aunt more, from them to learn which floors and which residents like silver and high-altitude throwing, you can take precautions when you pass by.
If you're traveling with friends and family, it's a good idea to walk along the streets on both sides of the street in two groups so that you can see each other's heads in the air and warn you if you spot falling objects.
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What is the behavior of falling objects?
Falling objects from a height are a violation of the law.
1. Do not actively throw objects.
This is against the law.
According to the Civil Code
Article 1253: Where buildings, structures, or other facilities, as well as their shelves or hanging objects, fall off or fall, causing harm 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.
Article 1254:Where objects thrown from a building or falling from a building cause damage to others, and it is difficult to determine the specific infringer, the user of the building who may have caused the harm shall compensate unless he can prove that he is not the infringer.
2. Pay attention to inspect the house.
From the objects falling from high altitudes, from paper towels, fruit pits, toothpicks, to drying racks, ashtrays, flower pots, and even more shocking behemoths such as steel plates and anti-theft nets.
Several points that need to be checked regularly: whether the screws and window frames on the edges of doors and windows are loose and falling off, whether the exterior window glass is deformed, broken or loose, check whether the balcony, ceiling and other hanging objects are loose, whether the balcony plants and flower pots are at risk of falling, and whether the external wall is leaking.
3. Purchase high-altitude falling object insurance.
Compensation can be given to passers-by who are injured by falling objects from high altitudes, and the expenses of window frames, flower pots, etc., which cause injury to others or damage to other people's property due to accidental fall from their homes, and legal responsibility for this incident will be compensated. Even if there is a falling object within the building where you live, and the perpetrator cannot be identified, the cost shared by the relevant occupants will be compensated by the law, and this rider provides a maximum of 50,000 yuan of coverage.
4. Pay attention to warning signs.
Generally, there are warning signs and other signs on the road sections where objects often fall, so pay attention to check the detour.
5. Try to walk the inner streets.
If you are walking in a high-rise building, try to walk on a protected inner street, etc., which can increase the safety guarantee.
6. Pay more attention on windy and rainy days.
For example, in coastal cities, stormy and rainy weather is the peak period for falling objects, so it is necessary to observe carefully.
7. Purchase personal accident insurance.
If financial conditions allow, it is advisable to purchase accident insurance.
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If a high-altitude object causes personal injury or property damage to others, it is an illegal act of civil tort, and civil liability for compensation shall be borne, and the death of another person shall be constituted, which may constitute the crime of negligence causing death, and shall be a criminal act, and shall bear criminal liability and civil liability for compensation. According to the relevant legal provisions, 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, and if it is difficult to determine the specific infringer after investigation, the user of the building who may have caused the harm shall give compensation 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. Property management enterprises and other building managers shall take necessary security measures to prevent the occurrence of prescribed circumstances, and if they fail to take necessary safety measures, they shall bear tort liability for failing to perform their safety and security obligations in accordance with law. Where the circumstances provided for occur, the public security and other organs shall promptly investigate in accordance with law and find out who is responsible.
Characteristics of liability for damage caused by throwing objects and falling objects from high-rise buildings:
1. Causing damage to people due to objects thrown and falling from high-rise buildings, causing damage to others by throwing objects from buildings, and causing damage to others by objects falling from buildings;
2. The object is thrown or fallen from a high-rise building and causes damage to others;
3. It is difficult to determine the specific infringer;
4. The particularity of the principle of attribution of responsibility is mainly based on the principle of equitable responsibility, and the principle of presumption of fault liability is adopted in exceptional circumstances.
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.
Legal basis] Article 87 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 conduct in the preceding paragraph simultaneously constitutes another crime, follow the provisions for the heavier punishment at trial and sentencing.
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In addition to the corresponding civil liability, the person who throws objects from high altitude shall also bear the corresponding criminal liability if it constitutes a crime. The perpetrators of high-altitude throwing cases are likely to commit crimes such as endangering public safety by shouting dangerously and dangerously, as well as intentional injury and intentional homicide. According to the "Opinions on the Proper Trial of Cases of Objects Thrown from High Altitude and Falling Objects in Accordance with Law" issued by the Supreme People's Court, it is also clearly stipulated that where an object is intentionally thrown from a high altitude and has not yet caused serious consequences, but is sufficient to endanger public safety, where the person is convicted and punished for the crime of endangering public safety by dangerous means as provided for in Article 114 of the Criminal Law, or where the person suffers major losses to public or private property, it shall be punished in accordance with the provisions of the first paragraph of Article 115 of the Criminal Law.
Those who carry out the above acts for the purpose of injuring or killing the persons designated by the Special Zheng Qiao are to be convicted and punished in accordance with the crimes of intentional injury or intentional homicide.
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, and the tortfeasor bears tort liability in accordance with law, and it is difficult to determine the specific infringer through 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.
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, and where necessary security measures are taken, they shall bear tort liability for failure to perform safety and security obligations in accordance with law.
Where the circumstances provided for in the first paragraph of this article occur, the public security and other organs shall promptly investigate in accordance with law and find out who is responsible.
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