How to punish Yamakaji?

Burning mountains may be punished to varying degrees. If burning mountains does not constitute a crime, they shall be detained for more than 10 and less than 15, and may also be fined for less than 500 yuan. If the circumstances are minor, only a warning or a fine of less than 500 yuan shall be imposed. However, if burning mountains constitutes a crime and has not caused serious consequences, the offender will face imprisonment of more than three years and less than ten years. Those who cause serious injuries, death or heavy losses to public or private property will face more than 10 years in prison, life imprisonment or death penalty. Whoever negligently causes a crime shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; if the circumstances are relatively minor, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

Criminals who intentionally set fire to houses shall be convicted and punished in accordance with the provisions on arson. Whoever sets fire, breaks water, explodes, releases toxic, radioactive, infectious disease pathogens and other substances or causes serious injuries, deaths or heavy losses to public or private property by other dangerous means shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.

The crime of arson refers to the act of deliberately setting fire to public and private property and endangering public safety. According to the relevant provisions of Article 114 of the Criminal Law of People's Republic of China (PRC), arson is one of the specific crimes of endangering public security, which refers to the act of deliberately setting fire to public and private property and endangering public security. Arson is a kind of intentional crime, and its object is public safety, that is, the life and health of unspecified majority or the safety of major public and private property. Fire endangers public safety, generally including three situations:

First, it endangers the life and health of the unspecified majority;

Second, endangering the safety of major public and private property;

Third, it not only endangers the life, health and safety of the unspecified majority, but also endangers the safety of major public and private property.

subjective factor

Subjectively, arson is intentional, that is, knowing that one's arson will cause a fire and endanger public safety, and hoping or letting this happen. If it is not intentional, it does not constitute arson. There are various motives for arson, such as arson because some personal interests are not satisfied, arson because of dissatisfaction with criticism and punishment, arson in order to vent anger and revenge, arson in order to erase criminal evidence and frame others, arson in order to break up love relationships, arson in order to intensify family conflicts, and so on. Whatever the motive, it does not affect the establishment of arson. However, understanding the arson motive is the key to correctly judge the subjective psychological attitude of the perpetrator.

Theme element

The subject of this crime is the general subject. Because the crime of arson is very harmful to society, the second paragraph of Article 17 of this Law stipulates that a person who is over 14 but under 16 shall bear criminal responsibility.

I hope the above content can help you. Please consult a professional lawyer if you have any other questions.

Legal basis: Article 114 of the Criminal Law stipulates that those who set fire, burst water, explode, throw toxic, radioactive, infectious disease pathogens and other substances or endanger public safety by other dangerous means, but have not caused serious consequences, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.