Is it illegal to throw cigarette butts at high altitude?

1. Is it illegal to throw cigarette butts at high altitude?

1, throwing cigarette butts at high altitude is illegal. Throwing cigarette butts at high-rise buildings may cause serious situations such as fire, and you need to bear the liability for compensation. China explicitly forbids throwing objects from buildings. If an object thrown from a building or an object falling from a building causes damage to others, the infringer shall bear tort liability according to law. If it is difficult to determine the specific infringer after investigation, the user of the building who may cause harm shall make compensation, unless he can prove that he is not the infringer.

2. Legal basis: Article 1254 of the Civil Code of People's Republic of China (PRC).

It is forbidden to throw objects from buildings. If an object thrown from a building or an object falling from a building causes damage to others, the infringer shall bear tort liability according to law; If it is difficult to determine the specific infringer after investigation, in addition to being able to prove that he is not an infringer, the user of the building who may cause harm shall be compensated. After compensation, the user of the building who may cause damage has the right to recover from the infringer.

Property service enterprises and other building managers shall take necessary safety measures to prevent the occurrence of the situations mentioned in the preceding paragraph; Those who fail to take necessary security measures shall bear the tort liability for failing to fulfill their security obligations according to law.

In case of the circumstances specified in the first paragraph of this article, the public security organ and other organs shall promptly investigate and find out the responsible person according to law.

Second, what is the crime of throwing cigarette butts at high altitude?

1. Crime of endangering public safety by dangerous means. Throwing objects or falling objects at high altitude is not specific or most people's lives and health, and the safety of major public and private property are in danger, and the responsible person has hope or indulgence for this dangerous result, which can constitute the crime of endangering public safety by dangerous means;

2. The crime of intentional homicide, intentional injury and intentional destruction of property. If the actor's throwing or falling objects at high altitude does not endanger the public's safety, but only threatens the personal and property safety of specific individuals, and the actor has hope or laissez-faire attitude towards the possible results, the constitutive elements of the crime of infringing on personal and property can be analyzed in detail according to the specific subjective intentional content of the actor and the degree of harm caused by the behavior;

3. Negligence causes serious injury and negligence causes death. If the actor should have foreseen that throwing objects and falling objects may cause death and injury, but he did not foresee them due to negligence, or thought that they could be avoided, causing serious injury and death, the crime of causing serious injury and the crime of causing death due to negligence can be discussed separately.