According to the relevant provisions of the law, any person who commits a crime by arson, breaking water, exploding, releasing poisonous, radioactive, infectious disease pathogens or other substances, or otherwise Anyone who endangers public security through dangerous methods without causing serious consequences shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
The crime of arson refers to the act of intentionally causing a fire and endangering public safety. Committing arson and endangering public safety. "Arson" refers to the act of intentionally burning an object to cause a fire; fire refers to a disaster caused by uncontrolled burning in time or space. There are no restrictions on the method of setting fire. It can be an act or an omission; it can be to burn an object directly, to burn an object through a medium, or to burn an object through an existing fire source. The burning object may be property or a substance other than property. If the act of self-immolation is enough to endanger public safety, the crime of arson is also committed. Burning property, whether it is owned by others or owned by oneself, is deemed to be a crime of arson as long as it endangers public safety. Burning other people's property is not enough to endanger public security and can only constitute the crime of intentional destruction of property; burning one's own property is not enough to endanger public security and does not constitute a crime. Because arson is a dangerous behavior, as long as a specific danger endangering public safety occurs, it constitutes the crime of arson (specific dangerous crime), and there is no requirement to cause infringement results.
Whether the act of burning something is considered arson, the key lies in whether it endangers public safety, which requires correct judgment. First of all, all objective facts must be used as judgment information, such as the danger of the behavior itself, the nature, structure, and value of the object itself, the situation around the object, the distance between the object and surrounding combustibles, the climate, wind, and temperature at the time of the behavior, etc. Secondly, it is necessary to judge whether the behavior of the burning object is sufficient to form an out-of-control combustion state in time or space based on the objective laws of cause and effect. The act of setting fire to buildings, mines and other objects that are currently inhabited or occupied by people can generally be regarded as endangering public safety.
Article 115 of the "Criminal Law of the People's Republic of China": the crime of arson, the crime of drowning and explosion, the crime of throwing dangerous substances to endanger public safety in dangerous ways, the crime of arson, breaking water, and explosion, and Anyone who releases poisonous, radioactive, infectious pathogens or other substances or uses other dangerous methods to cause serious injury or death, or causes heavy losses to public or private property, shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment, or death. The crime of negligent fire, negligent loss of water and explosion, the crime of negligent throwing of dangerous substances, the crime of negligent endangering public safety in dangerous ways, those who commit the crime in the preceding paragraph shall be sentenced to a fixed-term imprisonment of not less than three years but not more than seven years; if the circumstances are relatively minor, they shall be sentenced to a fixed-term imprisonment of not more than three years. Imprisonment or criminal detention.