The Limit Analysis And Development Of The Leal Responsibility In Fire Investigation After Entering WTO

There has been great progress made in firing industry, as China's opening and reform deepen and economy develops, however, it, compared with developed countries, is still somewhat lagging behind, especially in firing legal construction, in September, 2001, China entered wto whose regulations require the establishment of transitional legal system by each member state. China's firing legal system had needed improvement, the entrance into WTO has added emergence into the demand that we must accelarate the process of improving the firing legal system which complys with socialist market economy and WTO regulations, also, we must lose no time in clearing and bettering China's firing legislaton, technical standard and regulations.Investigation into fire accidents, which, as a duty conducted by firing department of public security bureau(psb), has been authorized by China's Fire Law, composes of three legal obligations: l,identify the cause of fire accidents;2,assass economic loss of the accidents;3, determine responsibility for the accidents, the execution of this legal duty has been defected with limitations and insufficiency, by taking a general glance into the dynamic development of firing accident investigation both at home and abroad, the article makes comparative analysis of the difference of investigation models between China and developed countries, for example, Europe, America and Japan, points out the inadequacy and bounds in China's firing accident investigation in fields ranging from cause identification, loss assassment and responsibility determination, learns advanced approaches from foreign countries and proposes building a new investigation format, this new format would redifine the legal obligation of the firing department of psb which carries out the investigation, supports the participation in firing investigation and loss assassment by medium organizations such as scientific research institutions, academic groups and insurance companies, and also it would assume an authentication machanism which issues qualification certificates to investigators, calculate the cost of investigation work and remove the legal obligation of responsibility determination from the authority of the firing department of psb.