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High altitude throwing can be sentenced to death, and a clear distinction is made between high altit

Over the years, the media have reported accidents caused by high-altitude parabolic from time to time, which can be called a 'disaster' for the victims. In order to protect everyone's "overhead safety", the Supreme Court recently issued the "opinions on properly hearing cases of high-altitude parabolic and falling objects according to law" (hereinafter referred to as the "opinions"), and put forward 16 specific measures to effectively safeguard the life safety of the people.

It is reported that in the process of drafting the opinions, the court used big data analysis to select more typical cases from more than 1000 cases involving high-altitude parabolic and falling objects in recent three years for objective and typed analysis and judgment, so as to ensure that the relevant provisions of the opinions are more in line with the actual situation and more operable.

The opinions emphasizes that it is necessary to clearly distinguish between high-altitude throwing and falling objects. They are very different in the subjective aspects of the responsible person and social harmfulness, as well as in criminal conviction and civil accountability.

In the criminal trial, the court should give full play to the deterrent function of punishment and make full use of the existing provisions of the criminal law. For those who deliberately throw objects at high altitude, they shall be punished for the crime of endangering public security, the crime of intentional injury or the crime of intentional homicide by dangerous means according to the specific circumstances, and shall be severely punished under specific circumstances; If falling objects constitute a crime, they shall also be convicted and punished according to law.

With regard to the conviction and sentencing of criminal crimes, the relevant person in charge further explained that according to the existing provisions of the criminal law, those who deliberately abandon objects from high altitude, which have not caused serious consequences but are enough to endanger public security, shall be convicted and punished in accordance with the crime of endangering public security by dangerous means stipulated in the criminal law; Those who cause serious injury or death or cause heavy losses to public or private property shall be punished in accordance with the relevant provisions of the criminal law. Whoever commits the above acts for the purpose of injuring or killing a specific person shall be convicted and punished in accordance with the crime of intentional injury or intentional homicide.

At the same time, those under the following circumstances shall be given a heavier punishment, and probation shall not be applied generally: those who have been implemented for many times; Continue to implement after dissuasion; Having been subjected to criminal or administrative punishment and then implemented; Implemented in densely populated places; Other serious circumstances.

In view of the characteristics of high-altitude parabolic and falling object cases, such as difficult to find the direct infringer and wide influence, the opinions put forward that in the civil trial work, the court should comprehensively use the rules of evidence in civil litigation, promote the parties to actively find through the rules of burden of proof distribution, and at the same time, the court should strengthen the investigation and evidence collection according to its authority and make full use of the rules of experience of daily life, Find and determine the direct infringer to the greatest extent.

On the other hand, in order to timely and fully relieve the victims, the opinions, on the basis of summarizing the current trial experience and in accordance with the relevant provisions of the tort liability law, makes it clear that the property service enterprise shall bear the corresponding tort liability in accordance with the law when it fails to fulfill its statutory or agreed obligations.

For example, if the property service enterprise fails to fulfill its statutory or agreed obligations, resulting in the falling of buildings and their shelving and hanging objects, resulting in damage to others, its tort liability shall be investigated; If the property service enterprise conceals, destroys, tampers or refuses to provide corresponding evidence, resulting in the fact of the case difficult to determine, it shall bear the corresponding adverse consequences. The Opinions also makes it clear that the property service enterprise has the corresponding right of recourse against other responsible persons.

In addition, the opinion requires the court to take the prevention and punishment of high-altitude throwing and falling objects as an important task for a period of time. While punishing such acts according to law, we should give full play to the role of the court in participating, promoting, standardizing and ensuring the governance of litigation sources, strengthen the linkage with public security and grass-roots organizations, actively promote and assist relevant departments to improve their work measures to prevent high-altitude parabolic and falling objects, form an effective joint force and jointly prevent and reduce high-altitude parabolic and falling objects; Pay attention to giving full play to the role of judicial suggestions, and timely put forward judicial suggestions on problems such as work omissions, hidden dangers and risks found in administrative organs, grass-roots organizations and property service enterprises in the trial of high-altitude parabolic and falling objects; We should give full play to the role of administrative trial in promoting administration according to law, effectively protect the right of victims to apply to administrative organs according to law to perform their legal duties of protecting their personal rights, property rights and other legitimate rights and interests, supervise administrative organs to exercise their administrative functions and powers and perform their corresponding duties according to law, and spare no effort to safeguard the lives, health and property safety of the people.