The consequences of forest fires, how much does the fire have to do with village cadres, and the rel

The crime of arson (Article 115, Paragraph 2 of the Criminal Law) refers to the act of causing a disaster due to the negligence of the perpetrator, causing serious consequences and endangering public safety. It is an offence to endanger public safety by negligently causing a fire.

Article 115 The offender of fire shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; where the circumstances are more minor, a sentence of up to three years imprisonment or short-term detention is to be given.

The fine is based on the degree of loss, subjective malice, and the defendant's economic situation.

The "Standards for the Jurisdiction and Case Filing of Criminal Cases of Forest and Terrestrial Wild Animals" of the State Forestry Administration and the Ministry of Public Security stipulates that if a forest fire causes a forest fire with an area of more than 2 hectares or causes serious injury or death, a case shall be filed, and if the area of forest land is more than 10 hectares, or if it causes death and 5 or more people are seriously injured, it is a major case; If the area of forest land is 50 hectares or more, or if two or more people are killed, it is a particularly serious case. In addition, the provincial high courts have formulated interim regulations based on the actual situation of their own provinces, such as the "Interim Provisions on the Interim Provisions on the Amount Standards for the Filing of Fire Crimes and Fire Liability Accident Crimes" formulated by the Jiangxi Provincial High Court, the Provincial Procuratorate, and the Provincial Public Security Department, which make the following provisions on the crime of fire

In any of the following circumstances, criminal responsibility shall be pursued:1resulting in the death of one or more persons or the serious injury of three or more persons; 2.

causing direct property losses of more than 150,000 yuan; 3.burned more than 15 households; 4.Although the loss of personnel, burned households, or direct property is less than the prescribed amount, but the circumstances are serious, the harm to society is relatively large, causing major losses to production, teaching, and livelihood.

Originally, it was allowed to be burned, but because of the strong wind, it should not be burned. The exact area is not yet known, but it is estimated to be no more than 1 hectare. Who can help find the letter of the law. Appreciate.

According to Article 53 of the Regulations on Forest Fire Prevention: Anyone who violates the provisions of these Regulations and causes a forest fire and constitutes a crime shall be investigated for criminal responsibility in accordance with the law; If it does not constitute a crime, in addition to pursuing legal responsibility in accordance with the provisions of Articles 48, 49, 50, 51 and 52 of these Regulations, the competent forestry department of the local people's ** at or above the county level may order the responsible person to replant trees. Additional Information:

The Regulations on Forest Fire Prevention are formulated in accordance with the Forest Law of the People's Republic of China, in order to effectively prevent and extinguish forest fires, ensure the safety of people's lives and property, protect the source of forest resources, and maintain ecological security. It was revised and adopted at the 36th executive meeting on November 19, 2008, promulgated on December 1, 2008, and came into force on January 1, 2009. There are 6 chapters and 56 articles.

In violation of the provisions of these Regulations, the local people's ** at or above the county level and their forest fire prevention command institutions, the people's ** forestry departments at or above the county level or other relevant departments and their staffs, have any of the following acts, the administrative organ at the higher level or the supervisory organ shall order corrections; where the circumstances are serious, the directly responsible managers and other directly responsible personnel are to be given sanctions in accordance with law; If a crime is constituted, criminal responsibility shall be pursued in accordance with law: (1) failing to prepare an emergency plan for forest fires in accordance with relevant provisions; (B) found that the forest lead forest fire hazard failure to timely issue a forest fire hazard rectification notice; (3) Approval of activities such as field fire use or live-fire drills and blasting that do not meet the requirements of forest fire prevention; (4) Concealing, falsely reporting or deliberately delaying the reporting of forest fires; (5) Failing to take measures to fight forest fires in a timely manner; (6) Other conduct that does not perform duties in accordance with law.

The Penal Code has provisions on the "crime of arson". Whether or not the act of setting fire causes serious consequences is the boundary between the crime of arson and the non-crime. The Supreme Court has not formulated a uniform standard, which is stipulated in the "Standards for the Jurisdiction and Case Filing of Criminal Cases of Forest and Terrestrial Wild Animals" of the State Forestry Administration and the Ministry of Public Security:

Where a forest fire is caused by a fire, and the forest area is 2 hectares or more, or the fire causes serious injury or death, a case shall be filed, and the area of forest land that is burned is 10 hectares or more, or the area of forest land is 10 hectares or more, or it causes death, and 5 or more people are seriously injured, is a major case; If the area of forest land is 50 hectares or more, or if two or more people are killed, it is a particularly serious case.

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If it is intentional it constitutes the crime of arson If it is negligent It constitutes the crime of negligent arson.