Is it illegal to spit at high altitude?

Spitting at high altitude is an immoral behavior, not illegal, but a very impolite performance. For parabolic behavior at high altitude, we should comprehensively consider the social harm of the behavior, accurately judge the nature of the behavior, correctly apply the crime, and accurately determine the punishment according to the actor's motivation, the position of the parabolic object, the situation of the thrown object, the consequences and other factors.

Extended data:

High altitude parabolic file

There is no so-called filing standard. As long as there is a parabolic incident at high altitude, it will be investigated. One is that it didn't hit anyone. For high-altitude parabolic behavior, it is based on motivation, location, situation, consequences and other factors to comprehensively measure the degree of harm, judge the nature of the behavior and accurately judge the punishment. Therefore, the identification of parabolic objects from high altitude refers to throwing objects from high altitude and being sentenced to fixed-term imprisonment of not more than one year, criminal detention or control, and being fined accordingly. Those who have a criminal record and commit crimes again shall be convicted and punished in accordance with the provisions of heavier punishment. If you don't hit people intentionally, you also need to bear civil liability, and you don't need to bear criminal responsibility. The other is to cause harm or casualties to people. After confirming the situation, the crime of endangering public security by dangerous means, intentional injury or intentional homicide shall be punished, and the punishment shall be heavier under certain circumstances.

Secondly, the exemption of falling objects from high altitude.

1, "users of buildings that may cause harm" to determine the specific tort liability. Compared with the victim, the perpetrator may live in the same building as the actual perpetrator, know the building better, and have geographical and personal advantages. You can find out the actual perpetrators in various ways to exempt yourself from responsibility.

2. The "potentially harmful building user" proves that he is not an infringer. Possible perpetrators can provide evidence to prove that they can't be in the building or the damaged items can't belong to them at the time of the infringement, so they can be excused in time or objectively.

3. Force majeure. Relevant laws and regulations: Anyone who causes damage to others due to force majeure shall not be liable. Therefore, in the event of an earthquake, typhoon and other natural disasters, if an object falls due to irresistible forces, even if the owner of the falling object is found out, the user of the building who may be damaged should be exempted from the responsibility if the specific infringer cannot be found out.

Third, the sentencing standards for falling objects from high altitude

It depends on the actual situation.

Intentionally throwing objects from high altitude, which has not caused serious consequences, but is enough to endanger public safety, shall be convicted and punished in accordance with the crime of endangering public safety by dangerous means as stipulated in Article 114 of the Criminal Law, and shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.

If serious injury, death or heavy loss of public or private property is caused, the provisions of the first paragraph of Article 115th of the Criminal Law shall apply.

There is no so-called filing standard for the crime of throwing objects at high altitude. As long as falling objects are involved, they will be investigated, the suspects will be found and punished. However, the severity of punishment will depend on the severity of the suspect's crime and whether he is a recidivist.