%0 Journal Article
%T 当高空抛物再遇以危险方法危害公共安全罪：是对历史的勘正还是对法网的编织<br>When the Crime of Throwing Objects at High Altitude Is Faced with the Crime of Endangering Public Security by Dangerous Means: Correction of History or Weaving of the Legal Net
%A 傅凌云
%J Open Journal of Legal Science
%P 5941-5949
%@ 2329-7379
%D 2023
%I Hans Publishing
%R 10.12677/OJLS.2023.116852
%X 《刑法修正案(十一)》增设高空抛物罪，高空抛物这一“悬在城市上空的痛”，终于以独立的罪名加入刑法，“人民头顶的安全”得以保障。在新罪出台前较长一段时间里，高空抛物都是以危险方法危害公共安全罪的适用情形之一，这种做法引发了学界的争议，由此产生了这次立法。罪名虽然独立，但并不意味着把高空抛物行为从该口袋罪中“择”了出来，从此泾渭分明、并行不悖。公共秩序作为立法者确定的直接法益，是成立高空抛物罪的唯一判断依据，而公共安全作为间接法益，也能被高空抛物所侵犯。作为抽象危险犯的高空抛物罪在产生了具体的公共危险且满足其他要件时仍能够成立以危险方法危害公共安全罪，并与之产生竞合。<br />
The Criminal Law Amendment (11) adds the crime of throwing objects at high altitude, the “pain hanging over the city” of throwing objects at high altitude finally joined the criminal law with independent charges, and the “safety of the people’s head” was guaranteed. For a long time before the introduction of the new crime, throwing objects at high altitude was one of the applicable cases of the crime of endangering public security by dangerous methods. This practice has aroused controversy in academic circles, resulting in this legislation. Although the crime is independent, it does not mean that the behavior of throwing objects at high altitude is selected from the bag crime, which has been completely clear and has gone hand in hand since then. Public order, as the direct legal interest determined by legislators, is the only judgment basis for the establishment of the crime of throwing objects at high altitude, while public safety, as an indirect legal interest, can also be violated by throwing objects at high altitude. As an abstract dangerous crime, the crime of throwing objects at high altitude can still establish the crime of endangering public security by dangerous methods when it produces specific public danger and meets other elements.
%K 高空抛物罪，以危险方法危害公共安全罪，法益，危险犯，竞合<br>Crime of Throwing Objects at High Altitude
%K Crime of Endangering Public Security by Dangerous Means
%K Legal Interest
%K Dangerous Crime
%K Joinder of Offenses
%U http://www.hanspub.org/journal/PaperInformation.aspx?PaperID=75753