A New Discussion On The Standard Of Accomplishment Of Arson And The Identification Of Specific Risk

There are several disputes about the understanding to arson．This article takes thestandard of accomplishment of arson as the breakthrough point，attempts to discuss a series ofclosely-linked problems to some extent，focus on the＂urgent public danger＂and themethods to judge the specific risk．Clarifying the overall context of Chinese arson based onthe reflection on the＂independent burning said＂．Except the conclusion，this article divides into four parts．The first part is theintroduction，specifically introduces the meaning and purpose of this study，briefly expoundsthe domestic and foreign research status of the theme，and summarizes the research methodsand innovation．There are so many kinds of discussions on arson in China，paying closeattention to these can provide ideas to solve the hard problems of dangerous crime．The second part is the dangerous nature of arson．Mainly introduces the basic theory ofthe dangerous criminals and the characteristics of Chinese arson．There are several theoreticalpremises of this study： regarding the＂ dangerous state said＂ as the standard ofaccomplishment of dangerous criminals， defining the dangerous criminals from theperspective of the standard of accomplishment；treating the abstract and specific danger as thereal danger；admitting the independent status of dangerous crime．On the basis of these，confirms specific dangerous crime nature of arson and analyses the relationship between thetwo law．Lays the foundation of this article．The third part is challenging the＂independent burning said＂，tell the defects on thebase of theory disputes．Chinese academic research on basic theory of the＂independentburning said＂is not sufficient，the main drawback is that deny the possibility of theestablishment of accomplishment due to generate hazardous effect，can not adapt to thespecific dangerous crime nature of Chinese arson and separate from the Chinese judicialpractice status．So，there are some disputes on its application rationality in China．The fourth part is the focus of this article，expounds the＂urgent public hazard said＂instead of the＂independent burning said＂．Defines the＂urgent public hazard said＂fromtwo aspects of danger content and degree，clears the scope of public security，confirms the risk judging method and limits the urgent degree of risk． Realizing the reasonabledetermination of the state of legal risk from two sides，to delay the accomplishment point ofarson，it can help to determine the nature of the behavior that stop severe harm results occurautomatically after the danger state．...