Six months in prison! The first high-altitude parabolic case in Guangxi was pronounced in court. what do you think?

The first high-altitude parabolic case On the morning of April 23rd, the People's Court of Qingxiu District, Nanning City, Guangxi Province held a hearing and pronounced a high-altitude parabolic case in court. The defendant Wang was sentenced to 6 months in prison and fined 2000 yuan. This case is the first high-altitude parabolic case in Guangxi. The public prosecutor accused that at 22 o'clock on February 6, 2020, the defendant Wang was in Room 2007, Room 2 105, Building 8, a residential area in Qingxiu District, Nanning City, where he lived and operated. In order to vent his drunken emotions, he threw wardrobe doors, chairs and other items from the window onto the road of the residential area, endangering the safety of people and vehicles passing by in the residential area. The People's Procuratorate of Qingxiu District of Nanning believes that the defendant Wang threw an object from the building, and the circumstances were serious. His behavior violated article 29 1 of China's criminal law. The facts of the crime are clear, and the evidence is true and sufficient. The criminal responsibility should be investigated for the crime of throwing objects at high altitude.

What is high-altitude parabolic phenomenon? It was once called "the pain hanging over the city". Tied for second place with "littering". Parathrowing at high altitude is an uncivilized behavior, which will bring great social harm. The incident of "throwing bricks and hurting people" has repeatedly aroused widespread concern in society. People are discussing the social problem of "overhead safety" threatened by throwing objects at high altitude in cities. ?

High-altitude parabolic hazard 1, cigarette butts

Lethality: Unexplored cigarette butts fall into flammable materials, which is likely to cause a fire. There have been similar fires in Guangzhou.

2, kitchen knife (and other iron)

Lethal power: If the tool falls, if it touches the human body, the consequences will be unimaginable.

3. Beer bottles (and other glass bottles)

Lethality: Beer bottles will burst, break and splash after landing at high altitude.

Step 4: flower pots

Lethal power: The flowerpot hit the road, which was scary and fatal.

5. Masonry building

Lethal power: minor injury, serious injury.

Step 6 set off firecrackers

Lethal power: It may scare passers-by, but it may cause fire and hurt young children.

What should we do according to Article 87 of People's Republic of China (PRC) Tort Liability Law? If throwing objects or falling objects from buildings cause damage to others, and it is difficult to determine the specific infringer, in addition to being able to prove that he is not an infringer, the user of the building who may cause damage shall be compensated. ? This means that the owner of the same building will compensate for the loss unless he can prove that he is not an infringer, which is also commonly known as? Sit down and take responsibility? . At present, China's civil and criminal laws and regulations on high-altitude parabolic behavior are relatively full and clear, but it is not clear how to prohibit it and what kind of punishment will be imposed if there is high-altitude parabolic behavior. What is most needed to control high-altitude parabolic objects is administrative punishment, which needs to be supplemented urgently? Blind spot? .

The Supreme People's Court's Opinions on Properly Hearing Cases of Parabolic Objects and Falling Objects from High Altitude pointed out that it is necessary to increase the punishment for parabolic objects from high altitude, and stipulate that parabolic objects from high altitude should bear the administrative responsibility of fines or even detention. ? If we want to put an end to throwing objects at high altitude, we must have clear administrative punishment provisions, and the intensity of administrative punishment should have a great deterrent effect, so that people can consciously avoid throwing objects at high altitude.

At present, our measures to control high-altitude parabolic objects are to improve the civilized quality of citizens and strengthen supervision. Every community should regularly carry out civilized quality training activities. Is it forbidden to throw things out of the window? Compulsory? Engineering, put an end to uncivilized behavior from the source. In terms of supervision, the community should install surveillance cameras. By monitoring the residential property, people and behaviors thrown out or dangerous goods placed in high places can be found in time, and residents can be reminded of safe disposal in time. If it is illegal, these monitoring are also more conducive to finding the owner and investigating the responsibility. In addition, community owners should abide by the owners' convention and establish a mechanism of mutual supervision between owners. While managing the community, the property should also strengthen the daily inspection of the community, promptly remind the items with potential safety hazards in the community, and replace and maintain the doors, windows and railings that have been in disrepair for a long time.