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Is it illegal to throw rubbish at high altitude?
How to compensate for throwing objects at high altitude?
If the infringer causes damage to others, but has not caused disability, it shall compensate for the medical expenses and income reduced due to absenteeism. Medical expenses generally include medical expenses, treatment expenses, nursing expenses, transportation expenses, accommodation expenses, necessary nutrition expenses, etc.
If the infringer causes disability, he shall not only bear all the expenses such as medical expenses and lost time, but also compensate the disabled person for his living allowance, self-help expenses, disability compensation, and the necessary living expenses of the person who was actually supported by the disabled person before his disability.
If a building or other facilities, as well as the shelving and hanging objects on the building collapse or fall off or cause personal injury to others, and the owner or manager cannot prove his innocence, he shall be ordered to bear civil liability.
There is a clear distinction between the crime of falling objects from high altitude and the crime of endangering public safety by dangerous means. If you know or should know that there are people downstairs, deliberately throwing high-altitude parabolic objects will violate the crime of endangering public safety in a dangerous way, or even the crime of intentional injury. "Intentional acts against a specific person constitute a crime of intentional injury or intentional homicide; However, if things fall only because of carelessness, negligence or negligence, it is a high-altitude parabolic crime. The crime of throwing objects at high altitude refers to the act of throwing objects at high altitude, but it may be judged as the crime of throwing objects at high altitude because the circumstances are minor or subjectively unintentional. Whoever throws objects from high altitude and causes damage to others shall be convicted of intentional injury.
legal ground
Article 1 254 of the Civil Code of People's Republic of China (PRC) (implemented since 202 1,1): If an object thrown from a building or falling from a building causes damage to others, and it is difficult to determine the specific infringer, in addition to proving that he is not an infringer, he should also compensate the user of the building who may cause damage.
Article 291bis of the Criminal Law of People's Republic of China (PRC), if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than one year, criminal detention or public surveillance, and shall also or only be fined.
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