The Research Of Reform Chinese Fire Accident Investigation

The article discusses the reform of Chinese fire accident investigation. First it carries on analysis to the present condition of fire accident investigation and full affirms that the work of fire accident investigation have obtained the certain result which basically adapted our country present stage economy development. Second it analyses a few problems existed currently in the fire accident investigation and thinks the problem main perform in:①Fire character is fixed error. We must live with that a fire is a natural disaster as well as a responsibility accident that cause by person. But currently policy only fixed the responsibility accident that cause by person. As a result the purpose of investigation is unclear. ②The main body of investigation is not satisfactory. In China the firemen is consisted by active army and the human resource is serious shortage. Face this actual, the policy should allow the whole police to take part in fire accident investigation. But the current policy is too narrow to adapt the demand work completely. ③The task dose not prescribe satisfactory, especially in checking-and -ratify losing and confirm responsibility.④There is not classification and procedure. Based on the shortage of human resource, the current law appears many problems in the practice.⑤It is unclear in penal particularly in the aspects of arson been involved. Because of policemen and firemen take part in the same scene, the current laws did not give an explicit answer which part to be master of in actually work. After analyzing above-mentioned problem, this text discussed the character of fire and the rule that occurred and developed. The author especially point out that a fire is an objective disaster and will increase along with the add of economy .Then in compared with the mode of the investigation of our country to the United States, Japan and f Russia we come to the conclusion: ①It is necessary to realize the new purpose of investigation based on re-knows a fire character. Our purpose of investigation ought to respect that a fire is mainly the objective disaster, to accord with the judgment of the present stage of the social conflict, to guarantees the legal rights of the citizen and organization, to service the center work of the economy construction. ②It is important to wide the corps of the fire accident investigation. Considered the function of government organ, it has been specially talk over that the policy as the subject of the corps of the fire accident investigation, also it has been discussed that the agency take part in the fire accident investigation.③Re-prescribe task of the fire accident investigation. To find out a fire reason should be emphasized. Instead of checking lose of a fire by statistic. To give up affirm the responsibility of fire and pursue the person that responsibility by law.④Sorting the fire according to the type of loss size and prescribing the different procedure. The firemen mainly responsibility for the fire that have bigger lose and a strong influence, but the police even agency is able to attend the other fire accident investigation. ⑤When come to the method of fire accident investigation, it should be importance that distinction between asking and interrogating so that to protect the legal rights of citizen and organization. The technique authentication also has been discussed. ⑥It should be further definitely about primarily corps of arson . Police must make an end conclusion for arson and firemen should strengthen in two criminal cases. ⑦Augmenting cooperates with the insurance company in fire accident investigation. The fire loss insurance is a tradition of the insurance operation so that the insurance companies all pay attention to the result of a fire accident investigation very much. As a result cooperates with the insurance company in fire accident investigation have the benefit of the insurance company as well as the firemen. Especially facing the kind of criminal that cheat the premium both the insurance company and the firemen should fight together to that premium.