About the crime of arson What is the crime of arson

The determination of the crime of fire is the constitutive elements of the crime of fire: the object of the crime is public safety; In the objective aspect of the crime, the perpetrator carried out acts that endangered public safety by causing disasters and causing serious consequences; The subject of the crime, the general subject, and any person who has reached the legally-prescribed age of criminal responsibility and has the capacity for criminal responsibility may become the subject of this crime; This crime is manifested in negligence in the subjective aspect.

According to the relevant provisions of China's Criminal Law on the concept of the crime of fire, the crime of fire generally refers to the act of causing a disaster caused by the negligence of the perpetrator, causing serious consequences and endangering public safety. The crime of arson violates public safety, and the specific object of the violation can be either a person or public or private property. Objectively, the crime of arson is manifested in the fact that the perpetrator must have committed a fire that endangers public safety and causes serious consequences.

[Legal basis].Criminal Law of the People's Republic of China" Article 115 Whoever commits the crime of arson, arson, flooding, or disseminating poisonous, radioactive, infectious disease pathogens, or other substances or other dangerous methods, causing serious injury or death to a person, or causing major losses to public or private property, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death.

Whoever negligently commits the crime in the preceding paragraph is to 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 punishment for the crime of arson is: whoever commits this crime 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 object of this crime is public security, that is, the safety of the life, health or major public or private property of an unspecified number of people.

[Legal basis].Article 115 of the Criminal Law.

Whoever causes serious injury or death to a person or causes major losses to public or private property by arson, breaching water, or disseminating poisonous, radioactive, or infectious disease pathogens, or by other dangerous methods, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death.

Whoever negligently commits the crime in the preceding paragraph is to 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 crime of arson is a crime of negligence that endangers public safety, either out of negligence or out of overconfidence. The fire shows that the act was caused by the negligence of the perpetrator, but it caused serious consequences and endangered public safety. Any person who has reached the legal age of criminal responsibility and has the capacity for criminal responsibility may become the subject of this crime.

Article 115 of the Criminal Law stipulates that anyone who causes serious injury or death to a person or causes major losses to public or private property by arson or other dangerous means shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. Whoever negligently commits the crime in the preceding paragraph is to be sentenced to between three and seven years imprisonment; where the circumstances are more minor, a sentence of up to three years imprisonment or short-term detention is to be given.

Legal Analysis: Constitutive Elements of the Crime of Misson:

1. The subject of the crime is a general subject;

2. The crime is manifested as negligence in the subjective aspect;

3. The object of the crime is public safety;

4. This crime is objectively manifested as an act of causing serious injury or death to a person or causing serious losses to public or private property.

Legal basis: Article 115 of the Criminal Law of the People's Republic of China: Whoever causes serious injury or death to a person or causes major losses to public or private property by setting fires, breaching water, or disseminating poisonous, radioactive, or infectious disease pathogens, or by other dangerous methods, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death. Whoever negligently commits the crime in the preceding paragraph is to 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.