Fire investigation is one of the important contents of firefighting work
With the development of society, the number of fires in the country has soared. The pressure and difficulties in fire investigations are numerous. How to adapt to the requirements of modern society, fire investigation system reform, encourage socialization diversified Participation, explore alternative dispute resolution, to promote innovation and social governance, promptly and effectively resolve social conflicts, to improve fire safety management system to better safeguard public Security and building a well-to-do society are of positive significance.
1. The basic model of the current fire investigation system and problems in its implementation
1.1 Basic Model of Current Fire Investigation System
2008 revised "People's Republic of China Fire Law" Article 51 stipulates that the public security organs have the right to fire agencies need to seal up fire site to investigate the cause of fire, fire loss statistics.
In 2012, the Ministry of Public Security "Fire Investigation Regulation" Article 5, fire investigation, carried out by the by the people's government above the county level public security organs in charge of the public security fire control institutions. The basic model of the current fire investigation system is that all fire accidents are lawfully investigated by the public security agencies' fire agencies one by one. Its characteristics are as follows:
(1) The uniqueness of the statutory investigation subject. That is all fire accident investigation work legally in charge of the public security fire control institutions, other entities and individuals no legal right to fire investigation. Here, it is not ruled out that the arson case is regulated by the public security organs according to law.
(2) Fire accident investigation statistics. According to the "Fire Incident Investigation Regulations" of the Ministry of Public Security , all fire accidents, regardless of the size of the loss, are investigated by the Public Security Department of the People's Government at or above the county level and implemented by the fire protection agency of the public security authority at the corresponding level ; fire protection agencies of public security agencies have not yet been established. The implementation of public security organs by the county-level people's government.
(3) The fire accident investigation procedure is statutory. According to Ministry of Public Security "Fire Investigation Regulation", sub-fire investigation program summary and general procedures; when things people have objections to the general procedure of fire disasters, the upper level of fire forces apply for a review within 15 days; simple procedure applies In the investigation, the party loses the right to apply for a review of the fire certification.
1.2 Major issues in the implementation of the fire investigation system
Investigations of fire accidents were conducted by the statutory administrative authorities. The accuracy of the data was high. In the past, when the total amount of fires was not large, it was indeed effective. But this rapid economic and social development, all kinds of contradictory surge in the number of fires increment is large, increasingly highlight the problems - some execution:
(1) Inadequate professional police force causes the failure of the statutory subject.
Press the "People's Police Law" and the Ministry of Public Security "Fire Investigation Regulation" fire accident investigation shall be conducted by a professional police officer with a fire investigation qualifications. According to statistics, China's public security organs at all levels of its total full-time fire fire investigators more than 500 people, an average of less than 1.5 people each city; 20t2 years, part-time fire investigators nationwide total of less than 2,000 people, an average of less than 1 per county people. It is difficult for the police to ensure the legality of the main body of the fire investigation.
(2) The rapid increase in the total number of fires caused the investigation system to fail.
Since the 20th century, with the rapid economic development, the total fire also surge, in 2013 the total number of fires since the country has exceeded 360,000 cases, and fire emergencies increasingly complex, various types of conflicts, disputes highlighted. It is said that the total amount of such fires is not yet the whole of the fire, and there are still various phenomena in different parts of the country due to foreign interventions affecting the actual statistics of the fire. Meanwhile, the status of fire investigation team of human resources compared to the national per capita annual survey to nearly 200 fires, not to mention the total amount of fire will continue to grow, while the fire investigation team there will not be a big increase, which will directly lead to investigations by the system Loss of feasibility.
(3) Most fires in practice are outside the legal investigation.
Prior to 2009 , the statutory fire investigation procedures were only general procedures. Due to lack of police force and complicated procedures, fires that were investigated by the public security agency's fire protection agencies each year were less than 10 % of the fires investigated according to law . May 2009 implementation of the new "Fire Investigation Regulation" added a simple investigation procedure, the number of fires throughout the investigation according to law has greatly increased. But from 2011 - 2012 data analysis can be seen nationwide more than 75% of the total fire investigation is still less than 50% of the number of fires and fire take summary proceedings have been investigated in accordance with the law, the general procedure to take fire investigation only about 10,000 annually since the country is still 10% of the total number of fires less. In fact there are many fires, especially most rural fires that have not been investigated according to law.
In summary, the existing fire investigation system in practice it has been difficult to operate and awkwardly executed, the current system does not really have to fully implement the law, which dealt with real fire and comprehensive statistical law constitutes a large fire It is imperative to strengthen and reform the fire investigation system.
2 Local Legislation Cases Related to Fire Investigation System and Their Impact
Given the implementation of fire investigation system problems over the years, some places actively play a local legislative advantage, improve and perfect the fire investigation regime carried out an active exploration, highlighted in the fire legislation Heilongjiang, Shandong, Tibet and other places.
2.1 The Fire Regulations of Heilongjiang Province stipulates the fire mediation system
In 1994, "Heilongjiang Provincial Fire Regulations," Article 61 provides fire thing mediation system shall be prescribed fire victims can be made fire conciliation to apply to the fire department, the fire department should be compensated capacity according to cause of the accident, liability, losses and liability fancy of If the mediation is not successful, the victim can still file a lawsuit in the court. According to this, the local fire protection department has added a job responsibilities, that is, to conduct mediation of fire damages filed by the parties after the fire investigation is completed in accordance with the law, and does not affect the parties to bring lawsuits to the people's court. From 1994 to 2000, this system get better at the local execution was strongly supported by local governments, to maximize the fight mitigate social conflicts and interests of parties to litigation pressure, to some extent, also tempered the fire department The ability to solve complex problems ensures the unification of legal and social effects. When there is no local legislation and then incorporated into this system due to concerns about the ability to mediate in the fire department, related responsibilities and workload of 2000 re-enactment "Heilongjiang Provincial Fire Regulations", after 2005, 2010, Revision 2 of the Ordinance It has not been considered again.
2.2 The “Fire Regulations of the Tibet Autonomous Region†stipulates the government’s fire investigation and reporting system
In 2010 , Article 54 of the “Fire Prevention Regulations of the Tibet Autonomous Region†stipulated that the people’s governments at or above the county level where the fire accident occurred shall organize the public security organ’s fire control agencies, production safety supervision and management departments to conduct fire accident investigations; the people’s government where the fire accident occurred shall Within 15 days from the end of the investigation, the investigation of the fire accident was reported to the higher people's government. This system is related to the special geographical environment and fire safety situation in the Tibet Autonomous Region . High-level fire investigation organizations have, to some extent, improved the authority of firefighting; a strict investigation of the situation reporting system is conducive to severely investigating and handling fire accidents and avoiding foreign intervention.
2.3 The "Fire Regulations of Shandong Province" stipulates the investigation of key incidents of fire accidents and the application investigation system
Article 63 of the “Fire Prevention Regulations of Shandong Province†revised in 2011 stipulates that the fire protection agencies of the public security agencies shall investigate the following fires in accordance with the law and shall issue a certificate of a fire accident:
(1) causing death or serious injury;
(2) occurs in crowded, high-level or underground public buildings, combustible materials warehouse (yard) and other places of cultural relics protection units;
(3) The fire party applied for the identification of the fire accident;
(4) Other social influence. In addition to other fires, statistical investigations are predominant and no fire accident certificate is issued.
Shandong Province, developed economy, large population, has also fires province, fire accident investigation a lot of pressure. Conduct focused investigations on fires with casualties and fires occurring in special places , and conduct investigations on other fires as requested. On the one hand, it protects the interests of public security and the rights of the parties. On the other hand, it also helps ease the pressure on administrative resources and administrative costs. At the same time the implementation of statistical survey of other fires, but also help to master the consolidation of regional fire and comprehensive grasp Fire regional security situation.
3. Basic ideas for reforming the fire investigation system
The problems of the implementation of the system in the fire investigation, learn from foreign practices, fire investigation system reform ideas are: to adapt to social development and the transformation of government functions required, based on the existing administrative resources, innovation and social governance, reduce the scope of the investigation statutory duties, the establishment of government mode, improve public services, the introduction of social participation, self-advocacy fire conciliation and reconciliation, actively and steadily resolve social disputes, that legal and social effects of reunification under the leading diversified fire investigation.
3.1 Reform of Statutory Fire Investigation Responsibilities
In accordance with the concepts of "limited government" and "small government and big society," the law narrows and strengthens the scope of legal fire investigations, scientifically sets the administrative functions of the government and relevant departments , and clearly defines the fire accidents that endanger public safety. Or its commissioned social organization is responsible for the investigation. Here the so-called fire endangering public safety, refers to the harm has occurred irrelevant given most people's lives and property safety consequences of fires, which is the result of negligence to the basic requirements of theory.
Cases of arson are investigated and dealt with by the public security organs according to law.
For other social hazards that are limited to specific one or more social units and individuals, fire accidents can be considered by social organizations and grass-roots political organizations that are responsible for the fire , and a memo system for the relevant departments must be established.
In particular, a large number of single-family residential fires in communities and rural areas should be investigated and dealt with by the grass-roots political power if they do not cause any harm to the lives and property safety of other units and individuals ;
For fires with only minor property damage, the parties are encouraged to deal with them and make notes in accordance with the law.
3.2 Implement technical investigation and separation of administrative law enforcement
Considering comprehensively the characteristics of scientific and professional fire accident identification, it is necessary to eliminate the tendency of administrative behavior of technical behavior. It is no longer necessary for an administrative agency to directly issue a certificate of a fire accident. Instead, it should refer to the practice of forensic expert identification and submit the specific identification of the cause of fire to the work. fire investigators have legal qualifications, which capped cause of the fire concluding chapter file name that is issued with the force of law, the corresponding legal responsibility legally responsible for fire investigators; and for the work of the fire investigation is confined to the principle of avoidance. The fire investigator cannot serve concurrently, and other administrative law enforcement personnel of the public security agency's fire control agency are responsible. From the relevant provisions of the current Ministry of Public Security on the fire department for fire cases and fire accident case, the implementation of technical and administrative law enforcement investigation also facilitate subsequent separation-related criminal cases handled. Meanwhile, fire investigators should be established according to the law system, it is satisfied that the person managing human resources department of professional and technical personnel range, and consider the establishment of a classification system based on their ability and experience. Allow social talents to apply for fire investigators and allow non-governmental fire investigators to participate in fire investigations according to law.
3.3 Simplified statutory procedural requirements for fire technology investigations
Continue the aforementioned ideas for fire technology investigation and separation of administrative law enforcement, eliminate the tendency of administrative procedures in fire technology investigations, and simplify technical investigation procedures. Cancel internal administrative examination and approval, the audit system technology during the investigation, professional and technical personnel to strengthen the dominant position in the technical investigation of the fire; cancellation of various program content restrictions and requirements related to the work of the technical investigation, emphasizing the scientific investigation of the technology, professional And independence, not to impose legal restrictions on the methods, procedures, and technical means of technical investigations ; to eliminate the requirements for the review of the contents and conclusions of the technical investigations by the administrative agencies , in addition to the qualifications of the technical investigators and the form of conclusion files, the administrative agencies generally do not The survey carry out the review, the investigation does not interfere with technical scientific and technical content. At the same time, the establishment of fire technical findings to inform and review system, fire forces shall promptly notify the parties of technical findings, the parties refuses to accept the findings of the technical people can apply for a technical review of the law.
3.4 advocating self-reconciliation and introducing fire accident mediation mechanism
To actively resolving social conflicts, social harm for the small fire, refer to "Security Administration Punishment Law" and "law and order mediation", "Road Traffic Safety Law," "traffic accident mediation" and the 2012 revised "Code of Criminal Procedure The new "Criminal Reconciliation" and the 1994 "Heilongjiang Provincial Fire Regulation" and other practices, with reference to foreign alternative dispute resolution (ADR) , encourage parties involved to settle and introduce fire accident mediation mechanisms on their own, in accordance with the "People's Mediation." law "," Trade union law "and other laws and regulations, may, unions and fire forces by the grass-roots political organization for mediation, actively and steadily resolve social disputes, to fire on their own reconciliation and mediation is not successful by law to investigate. According to the “Insurance Lawâ€, for units and individuals that have already participated in insurance according to law, they shall be responsible for the investigation of fire accidents in accordance with the contract of the insurance or the technical organization entrusted by both parties .
3.5 Improve Fire Loss Declaration and Statistics System
Fire statistics and fire investigations are closely related. It is recommended that the traditional concept of "who counts and who investigates" should be abolished and a fire statistics system be set scientifically and reasonably. From the perspective of the attributes of civil disputes caused by fire damage, the parties concerned shall, in accordance with the principle of “who claims, and who shall provide evidenceâ€, provide the parties concerned with the law and voluntarily apply to the public security agency fire control agency. The establishment of a national fire information analysis center, public security agency fire-fighting agencies and other fire investigation entities should be considered, and various fire data situations should be regularly provided to the fire information and information center according to law. To avoid fire losses and give up party rhetorical fire losses tendency to regard should establish a fire loss of tax relief system, the fire has been declared and recognized losses are recognized in production and operation costs (except for