| The arson is one of all times and in all countries more common serious criminal offenses. Because set on fire the behavior to draw support from the harm consequence which the natural forces created generally all to have the to be pure the harm which bodily movement created to have to be bigger than, moreover to harmed the consequence to control even more with difficulty, various countries criminal law all to arson crime celebrated work specific stipulation. In legal system quite perfect US, has the exhaustive stipulation to the arson, also has the quite big difference in the content with our country criminal law in stipulation.This article take the Chinese and American criminal law in the arson stipulation as a foundation, mainly aimed at the arson criminal object , the arson crime object, the arson delinquent account, the synthesis utilizes the comparative analysis, the historical analysis research technique, the research had discovered respectively in the legislation fit and unfit quality length, this regarding consummated the our country related arson the legislation quite to have the benefit.This article altogether divides into three parts. The first par conducts the comparison research on the Chinese and American criminal law in about the arson criminal object. Our country law formulation is serves for the ruling class, emphasized the society stably has the foreword, the people enjoys a good and prosperous life, is master of own affairs, therefore belongs to the arson the harm public security crime . About "public security" the limits scholar view one, this article did not think "the public security" is refers to unspecific or the most people's life, the health or the property security. The judge men sets on fire the behavior whether harms the public security the standard, this article advocated the use "independent burnings aid". The request behavior person the contact object, enables the object to achieve the independent burning condition. The American criminal law will set on fire the crime to turn over to the invasion wealth crime, the reason to lie in: (1) the American criminal law value foundation centralism manifests for fair and the utility union . The criminal law is the national will one kind of centralism manifests, US'S national will in essentially is the utility .Therefore , when some kind of behavior has the serious social hazardous nature, when directly or indirectly endangers to the national interest, the country neglects fairly on the possibility, but punishes using the penalty method to the behavior person, guarantees own benefit to free from aggression.(2) American criminal law constitution limit: The criminal law antenna cannot extend has been long so that endangers all citizen the ordinary behavior; The criminal law stipulation cannot talk ambiguously so that to be unable to warn citizen any behavior should forbid. (3) the American criminal law emphasized is sets on fire the behavior to achieve caused the goal to lose effectiveness this point. The author believed that, is the national interest and the social benefit which the criminal law protects returns to original state the social law profit into the personal interest, is the American criminal law spirits at. In summary, has to the arson criminal object research theoretically with the practice in great significance. Grasps the criminal object to be helpful to the correct understanding and the determination crime nature, distinguishes clearly the crime and then on- crime, this crime and other crime boundary. The infringement object difference, has decided the crime nature difference, thus causes this crime and the other crime can differentiate. The criminal object is the crime essential constitution important document, its nature and the scope are definite, thus it may become the crime classification the foundation. In addition, the research arson criminal object, may promulgate the crime the harm essence, strengthens people's social sense of responsibility, the aware accomplice crime behavior wages the struggle, maintains social the stability and the insecurity.The second part of this article main comparison research is in the Chinese and American criminal law the arson crime object question. Our country "Criminal law" center this crime infringement object, mainly is the public and private building or is other public and private belongings. The burning object mainly is belongings, also possibly is outside the belongings object. The self-immolation behavior sufficiently harms the public security, also tenable arson. Middle our country legislation, because long-term "suitable thick not suitable is thin" the legislation tradition influence, lacks to the arson further division, thus in may operate on slightly reveals is short of. Therefore the author thought our country criminal law also has the necessity to perform to the arson object to subdivide, suitably profits from in the German date criminal law the correlation stipulation, causes in the judicial practice, the law enforcement personnel may achieve has the law to depend on. The American common-law thought is only useful to the housing other people's house and the building which revolves may only then constitute sets on fire the crime the object. The American criminal law "the housing" took the arson the crime object, the general housing concept is refers to the people daily daily life the life-arena, mainly is the house. But"housing" this concept relatively narrow and small, quite is unitary, the modern US various states written law already was not restricted in the housing, the expansion explanation was "all buildings". Its application already started to spread the building, the construction, not fixed Yu place transportation vehicle, and this kind more and more received regarding the property right protection takes. The author believed that, the American modern criminal law to sets on fire the most crime object subdividing, completely conforms to the American at present national condition, both only many interventions good manner freedom, and has protected the property owner's legitimate rights and interests. Crime object this kind subdivided, strengthens the judicial practice to be possible to be operational, commissioner the law personnel had the law to depend on. In the substantive law precise stipulation also may enhance the judicial efficiency in the certain significance, the safeguard judicial process has the foreword to carryon.The third part of this article the arson subjective psychological factor and the objective result factor has carried on the comparative analysis to the Chinese and American criminal law in. In our country criminal law stipulated the arson the crime form for intentionally, including directly intentionally and is indirect intentionally. Our country arson generally take directly intentionally as many. Namely knew perfectly well own sets on fire the behavior to be able to cause the fire, the harm public security, and hoped or laissez faire this kind of result occurs psychological manner. If is not stems from intentionally, does not constitute the arson. In the American criminal law sets on fire the crime the subjective essential factor is "the evil intention", including intentionally and is rash. The motive is not sets on fire the crime the essential condition. "Rash" concept, regarding impels the heavy theory speculation, the light solid service experience our country crime form theory development, then consummates our country crime form legislation to have the important model significance without doubt. May say in some kind of significance, in the American criminal law is rashly split in our country criminal law for is indirect intentionally with readily believes the error two kinds. However in fact, regardless of is the behavior person to the behavior consequence understanding condition, or to this consequence will manner, is indirect intentionally with readily believed between the error only has "the quantity" difference, but does not have "the nature" the difference, our country criminal law is since long ago does not give a thought to the objective reality situation regarding in the two discrimination essence artificial to cut; Many years fundamental research and the judicial solid service already proved regardless of were in theoretically or the two all is unable the Jing he and Weighed rivers minute in the practice; But acts according to the fuzzy epistemology, this kind "is unable the clear minute" is reasonable, inevitable. This then is the question crux is at. In this kind of situation, for gets rid of our country crime form theory the difficult position, we might as well profit from the American criminal law the procedure, will be indirect intentionally with readily believed the error to one , took one kind of special crime form will carry on the stipulation and the research. According to the objective result request, in our country criminal law the arson belongs to specifically dangerous evil, in the American criminal law sets on fire the crime to be possible to converge solid evil . |
