放火罪的处罚根据

On Penalty Grounds for Crime of Arson

放火罪的保护法益是公共安全。行为人烧毁自己财物本身并不违法,行为人烧毁自己财物构成放火罪的处罚根据在于这种行为危及公共安全,因此,公共安全应当解释为是一种构成要件要素。即便放火后达到独立燃烧的程度,还不能说发生了财产侵害,因此,通说有过于强调危及公共安全而忽视放火罪所具有的毁弃、损坏罪的一面。独立燃烧说将会导致放火罪的既遂时点提前而几乎没有成立未遂犯和中止犯的余地的后果。

Regulations on the crime of arson aim to protect public security.The conduct of the criminal to burn himself or his own property does not violate the law but has endangered the public security,which constitutes the penalty grounds for crime of arson.Public security should be construed as a constituent of the crime,so even if independent burning has occurred upon arson,it does not necessarily result in damages to property.The generally recognized theory puts too much stress on endangering public security while neglecting the damages and ruins caused by arson.The theory on independent burning has brought the time for accomplished crime of arson in advance,thus virtually leaving no room for constituting attempted or discontinued crime.