The Findings And Application Of Punishment Of The Crime Of Negligently Causing A Fire

In the rapid development of social economy, materialism, to some extent, takes a majority of space in people's minds. The social environment in which people, having low sense of social responsibility, work exclusively for profits has created the"social room"for the crime of negligently causing a fire to exist and develop. However, the legislative defects in and the ambiguous findings of the crime of negligently causing a fire has rendered the theoretical research in this field very insufficient, which is inconsistent with the changeable social life. Inaccurate classification, inappropriate sentencing, and slack law enforcement have become common because of the increase in the crimes of negligently causing a fire. Therefore, it is urgent for China to, on the basis of national conditions, effectively borrow advanced foreign legal systems and legislative techniques, further perfect legal provisions of the crime of negligently causing a fire to make them guide practice more effectively. The crime of negligently causing a fire is a crime of jeopardizing public security and infringing mainly upon social legal interests. But the fact that there is no fixed criteria for the infringement upon social legal interests has resulted in the confused findings of the crime of negligently causing a fire and the inappropriate application of punishment. So the findings of the crime of negligently causing a fire and the inappropriate application of punishment have become a top priority in research. In this paper, the author, firstly, uses speculative, historical and comparative methods to elaborate on the legislative evolution and constitutive elements of the crime on the basis of cases; secondly, the author distinguishes crime and non-crime, misdemeanor and felony, and this crime and other crime; last, the author puts some proposals on the findings and application of punishment in light of the legal problems in the crime of negligently causing a fire, hoping that they may make the theory and practice consistent to meet the needs of social development.