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High-altitude throwing is repeatedly banned! The reason is that the punishment is not enough! Throwing objects from high altitudes is very immoral and uncivilized behavior, and it is easy to cause serious consequences! Therefore, high-altitude throwing objects must be turned into criminal responsibility, and once committed, they will be sentenced directly!
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The problem of high-altitude throwing has often occurred in recent years, and in order to put an end to this situation, various communities are also racking their brains. Some communities have set up cameras to prohibit high-altitude projectiles, but some residents feel that such cameras invade their privacy. The author believes that nothing is as good as sending money, and a fine of one hundred at a time will be doubled next time, so that you will be impressed and will not commit it again.
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For individuals, it is necessary to abide by public morality, and for regulatory authorities, it is necessary to strengthen supervision and put an end to the behavior of throwing objects from high altitudes.
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Refer to catching drunk driving, drunk driving, and drug driving. It's going to work.
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Legal analysis: After the owner is thrown from a height, the first thing to do is to determine the specific infringer. If the specific infringer can be identified and the act is intentional, the infringer shall be compensated; If it is difficult to determine the specific infringer, the user of the building who may have caused the harm shall make compensation.
The two parties may negotiate to settle the compensation matter, and if the negotiation fails, the owner may file a lawsuit with the people's court to demand compensation from the perpetrator.
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 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.
Property management enterprises and other building managers shall take necessary safety and 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.
Where the circumstances provided for in the first paragraph of this article occur, the public security and other organs shall promptly investigate the traces and interviews in accordance with law, and find out who is responsible.
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According to the latest laws and regulations in China, after the owner is thrown from a high altitude, the first thing to do is to determine the specific infringer. If the specific infringer can be identified and the act is intentional, the infringer shall be compensated; If it is difficult to determine the specific infringer, the possible perpetrator shall make compensation.
Civil Code of the People's Republic of China
Article 87: Liability for injury caused by throwing falling objects.
Where objects thrown from a building or objects 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 it can be proved that he is not the infringer.
The Supreme People's Court's Opinions on the Proper Trial of Cases of Throwing and Falling Objects from High Altitude in Accordance with Law are Blind and Coarse
1) For acts of throwing objects from high altitudes, factors such as the perpetrator's motive, the place where the object was thrown, the circumstances of the throwing object, and the consequences caused, shall be comprehensively considered to have the degree of social harm of the conduct, the nature of the conduct to be accurately judged, the charges to be correctly applied, and the punishment to be accurately determined.
2) Where items are intentionally thrown from a height, and serious consequences have not yet been caused, but are sufficient to endanger public safety, conviction and punishment are to be given in accordance with Criminal Law article 114 for the crime of endangering public safety by dangerous means; 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.
3) Severely punish the crime of throwing objects from high altitudes in accordance with 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) Continued implementation after being dissuaded;
3) Having received a criminal punishment or administrative punishment and then committing it;
4) Implemented in crowded places;
5) Other situations where the circumstances are serious.
4) Accurately identify the crime of falling objects from high altitudes. Where negligence causes items to fall from a height, causing death or serious injury, and the provisions of Criminal Law articles 233 and 235 are met, it is to be convicted and punished in accordance with the crimes of negligence causing death or negligence causing serious injury. Whoever violates the relevant safety management regulations in production or operation, falls objects from a height, and a major accident occurs or causes other serious consequences, it is to be convicted and punished as the crime of major liability accident in accordance with the provisions of the first paragraph of Criminal Law article 134.
1. How to deal with the death of the owner after being thrown from a high altitude?
Criminal Law of the People's Republic of China
Article 233:Crimes of negligence causing death.
where negligence causes death, the sentence is to be between three and seven years imprisonment; where the circumstances are more minor, a sentence of up to three years imprisonment is to be given. Where this Law provides otherwise, follow those provisions.
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